USS Cal Builders; Zurich North America, State Compensation Insurance Fund William Mccarther WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWILLIAM MCCARTHER, Applicant,vs.USS CAL BUILDERS; ZURICH NORTH AMERICA, STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ625812 (POM 0280514) OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant, Zurich North America (Zurich), has filed a verified, perhaps timely Petition for Removal, requesting that the Appeals Board amend the Order dated June 13, 2011, wherein the workers’ compensation administrative law judge (WCJ) continued the case to a trial date on September 19, 2011. Zurich contends that it understood that it was precluded from discovery due to applicant’s election against State Compensation Insurance Fund (SCIF), that it is entitled to its own medical evidence, and that the trial should proceed against SCIF only or Zurich should be allowed to conduct discovery before trial. SCIF has filed an answer. Applicant, while employed on June 25, 2004, as a laborer by USS Cal Builders, insured by SCIF, sustained an industrial injury to his low back. Apparently, the injury occurred while applicant was working on a project at the Santa Ana Unified School District. SCIF has paid for some medical treatment, temporary disability indemnity and permanent disability advances. On October 19, 2009, SCIF filed a Petition for Joinder of Zurich as a party defendant. SCIF attached a copy of an insurance endorsement issued to Alliance of Schools for Cooperative Insurance Program (ASCIP)1 showing that certificate holder USS Cal Builders “is endorsed as an Additional 1 There is no evidence in the record as to what this entity might be. , Insured on General Liability and is Named Insured on Workers’ Compensation as respects construction operations performed on behalf of the Santa Ana Unified School District.” A WCJ joined Zurich as a party defendant by Order
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