Kathleen Assman vs. Riverside Service Center Gallagher Bassett Services

In this case, the Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the Order dated March 6, 2014, and returning the case to the trial level for further proceedings. The defendant argued that they were denied due process rights and that the order violated WCAB Rule 10541(a). The Board adopted the WCJ's Report and Recommendation and granted the defendant's petition.

RIVERSIDE SERVICE CENTER GALLAGHER BASSETT SERVICES KATHLEEN ASSMAN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKATHLEEN ASSMAN, Applicant,vs.RIVERSIDE SERVICE CENTER;GALLAGHER BASSETT SERVICES, Defendants.Case No. ADJ9198932(Van Nuys District Office)OPINION AND ORDERGRANTING PETITION FORREMOVAL AND DECISIONAFTER REMOVAL            Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated March 6, 2014, wherein the workers’ compensation administrative law judge (WCJ) ordered: “The defendant is liable for treatment under Code Section 5400(c) [sic] as determined at status conference today, March 6, 2014. Treatment is authorized for applicant with Dr. Ian Brody [sic] in Temecula, California, by Judge Gutierrez.” Defendant contends that it was denied due process rights and that the order violates WCAB Rule 10541(a) (Cal. Code Regs., tit. 8, § 10541(a)), which provides: “A workers’ compensation judge may receive evidence and submit an issue or issues for decision at a conference hearing if the parties so agree” [emphasis added]. We have not received an answer from applicant.            For reasons set forth by the WCJ in Report and Recommendation, which we adopt and incorporate herein, we grant defendant’s petition, rescind the Order, and return the case to the trial level for further proceedings.            For the foregoing reasons,            IT IS ORDERED that defendant’s Petition for Removal is GRANTED./ / // / / ,             IT IS FURTHER ORDERED, as the Decision After Removal of the Workers’ Compensation Appeals Board, that the Order dated March 6, 2014, is RESCINDED and that this matter is RETURNED to the trial level for such further proceedings and decisions by the WCJ as may be required.WORKERS’ COMPENSATION APPEALS BOARD    _____________________________________________FRANK M. BRASS        I CONCUR,        _____________________________________________DEIDRA E. LOWE         ____________

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