Tennant Company; Sentry Claims Service Wayne Johnson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWAYNE JOHNSON, Applicant,vs.TENNANT COMPANY; SENTRY CLAIMS SERVICE, Defendants.Case No. ADJ1620559 (ANA 0373462)OPINION AND ORDER DISMISSING PETITION FOR REMOVAL On February 24, 2010, defendant filed a petition for removal with regard to a workers’ compensation administrative law judge’s (WCJ) February 2, 2010 Order Vacating Submission of the Case, which stated: “The court has been informed that the applicant is to undergo surgery. Furthermore it appears that the parties are going to a [qualified medical evaluator] to address the [utilization review] denial for certain medical treatment. To issue a decision at this time seems premature. Therefore, the court hereby vacates the November 17, 2009 submission.” 18 Defendant sought removal on the grounds that the Order Vacating Submission was based on an ex parte communication between the WCJ and applicant’s counsel. Applicant filed an answer and the WCJ filed a Report and Recommendation for Petition for Removal. Subsequently, pursuant to our order, declarations were obtained from the WCJ, applicant’s counsel, and defense counsel. During the pendency of this matter before the Appeals Board, the parties entered into a Compromise and Release (C & R) agreement in which they appear to have completely settled this case. According to a communication received from the WCJ, “The parties have agreed to a C&R and defendants have indicated that they will withdraw their petition for removal upon receipt of an order approving C&R.” In its petition for removal, the defendant requested that we rescind the Order Vacating , Submission, and order the WCJ to decide the issues on the existing evidentiary record. However, after filing its petition for removal, the defendant approved applicant’s surgery, and applicant underwent surgery, resulting in a change of his disability status. Accordingly, the re
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