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Kywan Cann, vs. Desert View Auto Auction; Insurance Company Of The State Of Pennsylvania,

Desert View Auto Auction; Insurance Company Of The State Of Pennsylvania, Kywan Cann, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKYWAN CANN,Applicant,vs.DESERT VIEW AUTO AUCTION; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA,Defendants.Case Nos. ADJ8592547ADJ8592681(Sacramento District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            Defendant seeks removal or in the alternative reconsideration of the Order for Vocational Evaluation Recorded Stenographically (Order) issued by the workers’ compensation administrative law judge (WCJ) on November 30, 2016, which ordered that applicant attend a vocational evaluation examination scheduled by defendant and that defendant allow a court reporter to attend the examination and fully record the matter stenographically.            Defendant contends that the WCJ misapplied the Code of Civil Procedure in ordering the examination be stenographically recorded and that applicant has not provided good cause to support the Order.            We have not received an answer from applicant. The WCJ filed a Report and Recommendation on Petition for Removal (Report) recommending that we deny removal.            We have considered the allegations of the Petition for Removal and the WCJ’s Report. Based on our review of the record and for the reasons discussed below, we will grant defendant’s Petition for Removal and as our Decision After Removal, we will rescind the November 30, 2016 Order and return this matter to the trial level for further proceedings consistent with this decision.FACTUAL BACKGROUND            This matter has not proceeded to any formal evidentiary hearing on defendant’s petition to compel applicant’s attendance at a vocational rehabilitation exam. The matter was decided solely upon , the petition filed and applicant’s response thereto. No testimony has been taken and no exhibits are in evidence.            Per the WCJ’s Report:     Kywan Cann (applicant) sustaine

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