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Josefina Garcia vs. Liz Claiborne; Broadspire

Liz Claiborne; Broadspire Josefina Garcia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEFINA GARCIA, Applicant,vs.LIZ CLAIBORNE; BROADSPIRE, Defendants.Case Nos. ADJ6814430; ADJ6816290(Los Angeles District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated January 3, 2013, wherein the workers’ compensation administrative law judge (WCJ) took this case off calendar. Defendant contends that the case should be set for trial. We have not received an answer from applicant.            Applicant, while employed as a packer on February 27, 2009, sustained an industrial injury to multiple body parts. She has been examined by an agreed medical evaluator (AME) in orthopedics and by panel qualified medical evaluators (QMEs) in psychiatry and rheumatology. According to defendant’s verified petition, all of these evaluators have found her condition to be permanent and stationary.            There was an MSC on September 13, 2012. It was taken off calendar to allow for the deposition of the AME, which defendant states took place on November 26, 2012. On November 27, 2012, defendant filed a Declaration of Readiness to Proceed (DOR). Applicant filed an untimely1 Objection to the DOR, dated December 4, 2012, but not filed until January 10, 2013, stating that she had not been declared permanent and stationary by her primary treating physician and that she was in the process of 1 See Court Administrator Rule 10251(a) (Cal. Code Regs., tit. 8, § 10251(a)). , obtaining additional medical reports. On this basis, the WCJ took the MSC on January 3, 2013, off calendar over defendant’s objection.            After our review of the record, we can find no reason why this case should not be set for MSC and then for trial, if it cannot be settled. Apparently, the AME and two QMEs have found applicant’s condition to be permanen

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