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Christopher Huihui vs. Owens-corning-fibreboard Corp. For Rem-oval . . And Gallagher Bassett Services, Inc.

Owens-Corning-Fibreboard Corp. For Rem-Oval . . And Gallagher Bassett Services, Inc. Christopher Huihui WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHRISTOPHER HUIHUI, Applicant,vs.OWENS-CORNING/FIBREBOARD CORP.; GALLAGHER BASSETT SERVICES, INC.; Defendants.Case No. ADJ948718 (SJO 0027630)ORDER AND ORDERS DISMISSING PETITION FOR RECONSIDERATION ANDDENYING PETITION FOR REMOVAL            Applicant, in pro per, seeks reconsideration of the Minute Order, personally served upon applicant on May 4, 2010, wherein the workers’ compensation administrative law judge (WCJ) took the matter of applicant’s claim for workers’ compensation benefits off calendar.            In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted that applicant sustained a specific industrial injury to his knees on May 14. 1969 and that a Findings and A wird issued on January 21. 1971. awarding applicant 13% permanent disability and future medical care. The parties had appeared at a Mandatory Settlement Conference on May 4. 2010, pursuant to a Declaration of Readiness filed by applicant on the issues of “compensation rate, permanent disability, and Medicare set-aside.” The WCJ noted in the Repon at page 1:“Defendants therefore requested an order taking the case off calendar, to which Applicant agreed.”            In the Petition for Reconsideration filed July 1, 2010, applicant contends that he is entitled to an increase in his permanent disability benefits in excess of 70% based upon the medical reporting of “Dr. Max Moses.”            Based upon our review of the record, including applicant’s supplemental letter with attachments, dated August 9, 2010. and for the reasons set forth herein, we will dismiss applicant’s , Petition for Reconsideration because it is untimely and there is no final order subject reconsideration. Treating applicant’s petition as a Petition for Removal, we will deny removal.            At the outset, we note that reconsideration


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