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Gustavia Perkins vs. “albertsons, Jc Penney; Specialty risk Services; Savemart supermarkets; Pegasus Risk management

“Albertsons, Jc Penney; Specialty Risk Services; Savemart Supermarkets; Pegasus Risk Management Gustavia Perkins WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGUSTAVIA PERKINS, Applicant,vs.ALBERTSONS, JC PENNEY; SPECIALTY RISK SERVICES; SAVEMART SUPERMARKETS; PEGASUS RISK MANAGEMENT, Defendants.Case Nos. ADJ1051150; ADJ2365304OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, GRANTING PETITION FOR REMOVAL, AND DECISION AFTER REMOVAL            Defendant Albertsons and Specialty Risk Services (Defendant Albertsons) seeks reconsideration or. in the alternative, removal of the Order (Order) issued in ADJ1051150 on June 21. 2010, wherein a presiding workers’ compensation administrative law judge (PWCJ) directed            Defendant Albertsons and Co-Defendant SaveMart Supermarkets (SaveMart) (ADJ2365304) to arbitration in accordance with the provisions of I,abor Code section 5271.Defendant Albertsons contends that the PWCJ cned in ordering it to arbitration on the issue of Co-Defendant SaveMart’s Petition for Contribution because applicant’s claim of a work-related injury arising out of and occurring in the course of her employment with Defendant Albertsons (ADJ1051150) remains open and unresolved, pn that basis. Defendant Albertsons asserts that the Order is premature.            We have considered the allegations of the petition for reconsideration or. in the alternative, removal and the contents of the report and recommendation on petition for reconsideration (Report) of the PWCJ. We have also considered the answer filed by Co-Defendant SaveMart Based upon our review of the record and for the reasons discussed below, we will dismiss Defendant Albertsons’ petition for reconsideration, treat it as a petition for removal, and grant the petition for removal. , Relevant facts            Applicant, born August 1, 1964, filed two applications for adjudication of claim. In ADJ105J150 applicant claims that while employed as a grocery clerk by Defendant


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