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Socorro Carrasco vs. Apple Valley Unified School District Permissibly Self-insured York Insurance Services Group Inc

APPLE VALLEY UNIFIED SCHOOL DISTRICT Permissibly Self-Insured YORK INSURANCE SERVICES GROUP INC SOCORRO CARRASCO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASOCORRO CARRASCO, Applicant,vs.APPLE VALLEY UNIFIED SCHOOLDISTRICT, Permissibly Self-Insured; YORKINSURANCE SERVICES GROUP, INC., Defendants.Case No. ADJ6717811(San Bernardino District Office)OPINION AND ORDERSRESCINDING ORDER DISMISSINGPETITION FOR REMOVAL ANDDENYING PETITION FOR REMOVAL            Defendant has filed a Petition for Rescission requesting that the Appeals Board rescind our Order Dismissing Petition for Removal dated May 28, 2014, wherein we dismissed defendant’s Petition for Removal because this matter had been taken off calendar by agreement of the parties. Defendant contends that the case had been taken off calendar because of the pending petition for removal but that there was no agreement between the parties as to the underlying issues in defendant’s petition for removal. We have not received a response from applicant.            After our review of the record, we rescind the Order Dismissing Petition for Removal, and we address defendant’s petition on the merits.            Applicant, while employed as a food service worker on September 18, 2008, sustained an injury to her shoulder, knee and hips. On September 24, 2013, the parties submitted Stipulations with Request for Award. The workers’ compensation administrative law judge (WCJ) has not approved the stipulations. At a trial scheduled for April 3, 2014, the WCJ declined to proceed with trial but continued the case to a mandatory settlement conference (MSC). Defendant contends that it has a due process right to proceed to trial if the WCJ does not wish to approve the stipulations.            Pursuant to the Report and Recommendation of the WCJ, which we adopt and incorporate herein, we deny the petition. We also note that removal is an extraordinary remedy rarely exercised by the , Appeals Board. (Cortez v. Workers’ Comp. Ap


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