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Roberto Esquivel vs. Albertson’s; Specialty Risk Services

Albertson’s; Specialty Risk Services Roberto Esquivel WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERTO ESQUIVEL, Applicant,vs.ALBERTSON’S; SPECIALTY RISK SERVICES, Defendants.Case No. ADJ4581305 (VEN 0117405)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            Defendant seeks removal in response to the July 28, 2011 order, wherein the workers’ compensation administrative law judge (WCJ) set this matter for lien trial on September 9, 2011.            Defendant contends that the WCJ’s denial of a continuance and setting the matter for trial violates defendant’s due process rights and results in significant prejudice and irreparable harm.            We have considered the Petition for Removal and the Answer of lien claimant Shoar-Gavin Chiropractic (lien claimant), and we have reviewed the record in this matter. The WCJ did not prepare a Report and Recommendation on Petition for Removal.            For the reasons discussed below, we will grant defendant’s Petition for Removal, rescind the WCJ’s order setting the matter for lien trial, and return the matter to the trial level for further proceedings and decision by the WCJ.            Applicant claimed that, while employed as a meat cutter on September 1998 and during the period 1980 to January 1999, he sustained industrial injury to his left foot, neck, back, hands, knees, bilateral upper and lower extremities, diabetes, arthritis, and hypertension. His claims were resolved by Compromise and Release, approved by the order of October 3, 2001.            At the lien conference on July 28, 2011, defendant and lien claimant completed a pre-trial conference statement, identifying multiple issues in dispute regarding lien claimant’s lien. Defendant has alleged misconduct by lien claimant at and prior to this conference, and error by the WCJ. Although defendant refers to “evidence” supporting its allegations, no evidence has been admitted and no factual , determinations made. 


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