Franciscan Restaurant, Llc; Pier 43 1/2 Parking Corp.; Alea·North America, Administered By Chubb Services Group Shane Hunter WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHANE HUNTER, Applicant,vs.FRANCISCAN RESTAURANT, LLC; PIER 43 1/2 PARKING CORP.; ALEA·NORTH AMERICA, Administered ByCHUBB SERVICES GROUP, Defendants.Case No. SFO 0472837OPINION AND ORDER DENYING PETITION FOR REMOVAL, GRANTING PETITION FOR RECONSIDERATION, AND DECISION AFTER RECONSDIERATION Defendant, Alea North American Insurance Company (“Alea”), seeks reconsideration andremoval in response to the Orders of May 7, 2007, in which the workers’ compensationadministrative law judge (WCJ) ordered that the Findings and Award (F&A) of January 17′, 2006 isfinal and shall not be disturbed, that there is no good cause to set aside the F&A pursuant to LaborCode sections 5803 and 5804, and that the October 20, 2006 Order of Joinder of RepublicIndemnity Insurance Company (“Republic”) is vacated. In addition, the WCJ set this matter forexpedited hearing on applicant’s Declaration of Readiness to Proceed (DOR) on the issue oftemporary disability. Alea contends that relief is appropriate under Labor Code section 5803, that there is goodcause to reopen and amend the award due to procedural error, mistake of fact, mistake of law,inadvertence or a combination thereof, that there is good cause to reopen because the award is notequitable, that the absence of a petition for reconsideration does not bar relief, that Coldiron v.Compuware Corp. (2002) 67 Cal. Compo Cases 289 [en bane] should be applied here, that theemployer, Franciscan, was represented at the time of trial, that Republic is liable for the benefitsawarded to the applicant, that it was judicial error to dismiss Republic because it admittedcoverage on the date of injury, that Republic’s motion to set aside the order of joinder is barred by , the Statue of Limitations, that the dismissal provisions of Labor Code sections 375
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