Leonard Chaidez Tree Service, Inc.; Travelers Robert Briganti WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT BRIGANTI, Applicant,vs.LEONARD CHAIDEZ TREE SERVICE, INC.; TRAVELERS, Defendant(s).Case Nos. ADJ7144036ADJ7144016OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Applicant has filed a Petition for Removal, requesting that the Appeals Board reverse an apparent Order dated November 29, 2010,1 wherein the workers’ compensation administrative law judge (WCJ) ordered these cases off calendar in order to allow defendant to join an alleged subsequent employer as a party defendant in these matters. Applicant contends that defendant did not object to its Declaration of Readiness to Proceed (DOR) filed August 31, 2010, that defendant has not been diligent in attempting to join the subsequent employer, and that he will sustain substantial prejudice if he is not allowed to proceed to trial. We have not received an answer from defendant. Applicant, while employed as a laborer on March 3, 2008, and March 6, 2008, claims to have sustained industrial injuries to various body parts. The injuries have been denied by defendant, and no benefits have been paid to applicant. On August 31, 2010, applicant filed a DOR requesting a mandatory settlement conference (MSC) on the issues of compensation rate, temporary disability, self-procured medical treatment, future medical treatment, and injury arising out of and occurring in the course of employment (AOE/COE). Defendant did not file an objection to the DOR. Therefore, defendant “shall be deemed to have waived any and all 1 The Order is not in EAMS. , objections to proceeding on the issues specified in the declaration, absent extraordinary circumstances.”2 The case was set for an MSC. According to EAMS, the date was December 14, 2010. According to applicant and the WCJ, the date was November 29, 2010. There are no Minutes of Hearing from the MSC, wha
