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Leon Daniels vs. Southern California Gas Company

Southern California Gas Company Leon Daniels WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALEON DANIELS, Applicant,vs.SOUTHERN CALIFORNIA GAS COMPANY, Defendant.Case No. ADJ6534793OPINION AND ORDER DENYING PETITION FOR REMOVAL            Defendant has filed a timely, unverified Petition for Removal, requesting that the Appeals Board rescind the Order dated August 2, 2011, wherein the workers’ compensation administrative law judge (WCJ) continued this matter to trial on September 6, 2011. Defendant contends that it was denied due process of law because defense counsel did not receive notice of the Mandatory Settlement Conference at which the disputed Order issued. Applicant has filed an answer.            For reasons set forth by the WCJ in her Report and Recommendation on Petition for Removal, which we adopt and incorporate herein, we deny the petition. We note that the petition is not verified as required by WCAB Rule 10843(b) (Cal. Code Regs., tit. 8. § 10843(b)) and is subject to dismissal.            Because the trial date has passed, we return this matter to the trial level to be set for another trial. We also recommend that the WCJ consider whether defendant’s petition is a “bad-faith action” or a tactic “that is frivolous or solely intended to cause unnecessary delay” that justifies sanctions pursuant to Labor Code section 5813.            For the foregoing reasons, ,             IT IS ORDERED that defendant’s Petition for Removal is DENIED.            IT IS FURTHER ORDERED that this matter is RETURNED to the trial level to be set for trial and for such further proceedings and decisions by the WCJ as may be required.WORKERS’ COMPENSATION APPEALS BOARD________________________________________ALFONSO J. MORESII CONCUR,________________________________________RONNIE G. CAPLANE________________________________________DEIDRA E. LOWEDATED AND FILED AT SAN FRANCISCO, CALIFORNIA            SEP 20 2011SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW

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