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Daniel Granzella vs. Richmond Sanitary

RICHMOND SANITARY DANIEL GRANZELLA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADANIEL GRANZELLA, Applicant,vs.RICHMOND SANITARY, Defendants.Case Nos. ADJ4013684 (OAK 0307613)ADJ620772 (OAK 0294537)OPINION AND ORDERSDIMISSING PETITION FORRECONSIDERATIONAND DENYINGPETITION FOR REMOVAL            Defendant seeks reconsideration of the May 6, 2014 Findings and Order issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that agreed medical examiner (AME) John Warbritton, M.D., did not exhibit bias in his reports and during his depositions. Based on this finding, the WCJ denied defendant’s motion to be relieved from the agreement to use Dr. Warbritton as the AME.            Defendant contends that the WCJ erred in denying its motion to be relieved from the AME agreement with Dr. Warbritton. Defendant argues that Dr. Warbritton demonstrated bias against defendant during a deposition on February 11, 2013. Defendant also contends that the WCJ erred in failing to address the issue of ex parte communication in her decision. Defendant argues that applicant wrote a letter to Dr. Warbritton that consisted of an improper ex parte communication and that the ex parte communication alone is sufficient reason to relieve defendant of the AME agreement.            Applicant filed an Answer. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration.            Based on our review of the record and for the reasons discussed below, we will dismiss reconsideration. To the extent that defendant’s petition can be treated as one requesting removal, we deny defendant’s request for removal, for the reasons stated by the WCJ in her Report, which we adopt and incorporate herein by reference, and for the reasons discussed below. ,             Reconsideration may be had only of a final order, decision, or award. (Lab. Code, § 5900.) An interlocutory procedural order, such as an order


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