Johnson and Johnson, permissibly self-insured, administered by Broadspire Shaun Wood WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHAUN WOOD, Applicant,vs.JOHNSON AND JOHNSON, permissibly self-insured,administered by BROADSPIRE, Defendant.Case No. ADJ128102 (SAC 0358437)OPINION AND ORDER GRANTING REMOVAL AND DECISION AFTER REMOVAL Defendant has filed a timely petition for removal, requesting that the appeals board rescind the Order Granting Applicant’s Petition to Compel Appearance of Johnson & Johnson Employees at Deposition, wherein the workers’ compensation administrative law judge (WCJ) ordered defendant to produce six employees for deposition on November 20, 2009, and December 3, 2009. Defendant contends that the Order was obtained by applicant without defendant being present and that it has been deprived of an opportunity to be heard. We have not received an answer from applicant. Applicant, while employed as a pharmaceutical technician on September 19, 2006, sustained an industrial injury to his right upper extremity. He has also filed a Petition for Award for Serious and Willful Misconduct of Employer pursuant to Labor Code section 4553. He wishes to depose defendant’s employees on that issue. In her Response and Recommendation on Defendant’s Petition for Removal, the WCJ recommends that we grant defendant’s petition and return the case to her for further hearing. We agree. However, we note that WCAB Rule 10890, to which the WCJ refers, has been repealed. Court Administrator Rule 10280 (Cal. Code Regs., tit. 8, § 10280) now provides that a petition to compel attendance at a deposition may be submitted on a walk-through basis (subd. (c)(5). However, it also provides: “A workers’ compensation judge who is presented with a walk- , through petition.., to compel attendance shall issue an order in compliance with section 10349” (subd. (i)). WCAB Rule 10349 provides: “An order with a clause rendering the order
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