Jay Fetisoff vs. Sierra Detroit Diesel And Old Republic Insurance Company, Adjusted By Gallagher Bassett Services, Inc.

(OAK 0245490)This case involves Jay Fetisoff, an applicant, and Sierra Detroit Diesel and Old Republic Insurance Company, Adjusted by Gallagher Bassett Services, Inc., defendants. The Workers' Compensation Appeals Board denied the defendant's petition for removal, which was based on the allegation that the judge had improperly set the case for trial at an expedited hearing rather than a mandatory settlement conference. The Board found that the procedure followed was consistent with the applicable regulation and that the defendant had not shown that there would be substantial prejudice or irreparable harm if the petition was not granted.

Sierra Detroit Diesel and Old Republic Insurance Company, Adjusted by Gallagher Bassett Services, Inc. Jay Fetisoff WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAY FETISOFF, Applicant,vs.SIERRA DETROIT DIESEL and OLD REPUBLICINSURANCE COMPANY, Adjusted by GALLAGHER BASSETTSERVICES, INC., Defendants. Case No. ADJ1432312 (OAK 0245490)ORDER DENYING REMOVAL            We have considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny removal.            Furthermore, to the extent defendant’s petition for removal may be taken as a petition for disqualification, it is denied for failure to comply with WCAB Rule 10452. (Cal. Code Regs., tit. 8, § 10452.)/ / // / // / // / // / // / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Removal is DENIED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________DEIDRA E. LOWEI CONCUR,_________________________________________MARGUERITE SWEENEY_________________________________________FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO, CALIFORNIAMAY 08 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.JAY FETISOFFLAUGHLIN, FALBO, LEVY & MORESIBOXER GERSONjp , STATE OF CALIFORNIADivision of Workers’ Compensation Workers’ Compensation Appeals BoardJUDGE CHRISTOPHER MILLERJay Fetisoff v. Sierra Detroit DieselWCAB No. ADJ1432312 (OAK 245490)REPORT AND RECOMMENDATION ON PETITION FOR REMOVAL            By timely, verified petition filed on March 26, 2013, defendant seeks removal of the decision1 filed herein on March 6, 2013, in this case, which arises out of admitted injury, on April 17, 1995, to the back of a 40-year-old mechanic. Defendant contends t

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