Robert Doody vs. Merli Concrete Pumping Company; California Insurance Guarantee Association

In this case, Robert Doody filed a Petition for Termination of Third-party Credit and Restitution against Merli Concrete Pumping Company and the California Insurance Guarantee Association. The defendant filed a Petition for Removal, requesting that the Appeals Board reverse the order of the pro tempore workers' compensation judge continuing the matter to trial. However, on June 1, 2011, the workers' compensation administrative law judge ordered the case off calendar, making the petition moot. As a result, the Appeals Board dismissed the petition for removal.

Merli Concrete Pumping Company; California Insurance Guarantee Association Robert Doody WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT DOODY, Applicant,vs.MERLI CONCRETE PUMPING COMPANY; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Defendants.Case No. ADJ2488411 (RIV 0017588)OPINION AND ORDER DISMISSING PETITION FOR REMOVAL            Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board reverse the order of the pro tempore workers’ compensation judge’ continuing this matter to trial on June 8, 2011. Defendant contends that it did not have a reasonable opportunity for discovery and response to applicant’s Petition for Termination of Third-party Credit and Restitution. Applicant has filed a response.            On June 1, 2011, applicant’s attorney appeared before the workers’ compensation administrative law judge (WCJ) to present a joint request that the case be taken off calendar. The WCJ ordered the case off calendar. Therefore, this petition is now moot, and we dismiss it.            For the foregoing reasons, 1            See Labor Code section 123.7. ,             IT IS ORDERED that defendant’s petition for removal is DISMISSED as moot.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________ALFONSO J. MORESII CONCUR,_______________________________________DEIDRA E. LOWE_______________________________________RONIE G. CAPLANEDATED AND FILED AT SAN FRANCISCO, CALIFORNIA            JUN 30 2011SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:Kegel, Tobin & TruceO’Mara & Hampton (2 addresses)Robert DoodyMR/ara ADJ2488411

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