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Jose Legazpi, vs. Casteen Construction; State Compensation Insurance Fund,

CASTEEN CONSTRUCTION; STATE COMPENSATION INSURANCE FUND, JOSE LEGAZPI, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE LEGAZPI, Applicant,vs.CASTEEN CONSTRUCTION; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ2566220 (SDO 0339958)OPINION AND ORDER DISMISSING PETITION FOR REMOVAL            Defendant has filed a timely, now verified petition for removal, requesting that the appeals board rescind the Notice of Intention to Submit dated July 27, 2009, wherein the workers’ compensation administrative law judge (WCJ) gave notice after a trial on July 23, 2009, that the matter would be submitted for decision absent proper objection and declaration within ten days of the date of the Notice. Defendant contends that it has incurred significant prejudice because the WCJ refused to continue the trial to another date to allow testimony of the applicant and that it has incurred irreparable harm because confidential communications inadvertently attached to a Declaration of Readiness to Proceed were read and commented upon by the WCJ. Applicant has filed an answer.            Simultaneously with the filing of the Report and Recommendation on Petition for Removal, the WCJ also filed a Findings and Award and Order on August 19, 2009, deciding the issues that had been presented at trial on July 23, 2009.1 Defendant has not filed a petition for. reconsideration. The Findings and Award and Order are now final.2 1See WCAB Rule 10843(e) (Cal. Code Regs., tit. 8, § 10843(e)): “The filing of a petition for removal does not terminate the judge’s authority to proceed in a case …. 2See Labor Code section 5903. ,             Since it appears that defendant was not aggrieved by the Findings and Award and Order, which is in any event final, the petition for removal is moot. Therefore, we dismiss it.            For the foregoing reasons,            IT IS ORDERED that defendant’s petition for removal is DISMISSED as moot.        WORKERS’COMPENSATION APPEALS BOARD        

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