Julie Patterson vs. Safeway Inc., Permissibly Self-insured

Safeway Inc., Permissibly Self-insured Julie Patterson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJULIE PATTERSON, Applicant,Vs.SAFEWAY INC., Permissibly Self-insured, Defendant(s).Case No. ADJ6884377ORDER DENYING RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration 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 reconsideration.            In addition, we note that the pre-trial conference statement signed by petitioner, and on which this case was submitted after the filing of points and authorities by the parties, does not raise the issue of lack of service of medical reports under WCAB Rule 10608(c) (Cal.Code Regs., tit.8, §10608 (c)), or otherwise object that reports mentioned by Dr. Guinney were not served on him. Similarly, petitioner’s points and authorities also fails to raise these issues, and having raised them for the first time on reconsideration, they have been waived.            Finally, although the WCJ’s report and defendant’s answer both indicate that petitioner has also sought removal with respect to the WCJ’s decision, lien claimants petition is entitled only as one for reconsideration, and seeks only that relief ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIEDWORKERS’ COMPENSATION APPEALS BOARD_______________________________________DEIDRA E. LOWEI CONCUR,_______________________________________JOSEPH M. MILLER_______________________________________FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO, CALIFORNIA            JUL 01 2011SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:COLE CHIROPRACTIC, ATTN TRACY COLE, DCLAUGHLIN FALBOJAMES FALLMANJULI

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