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Tomas Moyotl vs. C&d Aerospace, Inc.; California insurance Guarantee Association By Intercare Insurance Service On Behalf Ofhih Insurance Company, In Liquidation

C&D Aerospace, Inc.; California Insurance Guarantee Association By Intercare Insurance Service On Behalf Ofhih Insurance Company, In Liquidation Tomas Moyotl WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATOMAS MOYOTL, Applicant,vs.C&D AEROSPACE, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by INTERCARE INSURANCE SERVICE on behalf ofHIH INSURANCE COMPANY, in liquidation, DefendantCase No. ADJ2785097OPINION AND ORDER GRANTING REMOVAL AND DECISION AFTER REMOVAL            Defendant has filed a timely, verified petition for removal, requesting that the Appeals Board rescind the Order dated July 6, 2010, wherein the workers’ compensation administrative law judge (WCJ) ordered this matter to be set for trial. Defendant contends that it is entitled to rulings on its petitions to compel further deposition of the applicant; to compel answers to questions that were not answered at the deposition of applicant’s wife, a lien claimant for home health care; and to require applicant to meet with defendant’s home health care expert. We have not received an answer from applicant.            Applicant, while employed as a carpenter on April 6, 1999, sustained an industrial injury to various body parts resulting in a stipulated award of 100% permanent disability. His wife has filed a lien for reimbursement for home health senders that she has provided to him since his injury. Problems have arisen as to pre-trial discovery on the issue of the lien. Defendant filed a Petition to Compel Further Questions at Deposition of Home Healthcare Provider and Deposition of Applicant dated March 3. 2010. There has been no ruling on this petition. Defendant also filed a Petition to Compel Applicant’s Attendance/Meeting with Home Healthcare Expert dated July 1. 2010. There has been no ruling on this petition, either. ,             In his Report and Recommendation on Petition for Removal, the WCJ states: “While removal is an extraordinary remedy and is rarely granted, in this case to


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