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Case Name Kaiser v. Calif. Electric, Calif. Casualty Exch.
Date 10/28/1998
Note WCJ has authority to dismiss application if injury covered by alternative resolution process under 3201.5.
Citation 63 CCC 1391 (Panel)
WCC Citation WCC 3931998 CA
On March 20, 1998, defendant filed a Petition for Removal with the Workers' Compensation Appeals Board (Board) pursuant to Labor Code section 5310. After reviewing the record, the Board will deny removal, but will return this matter to the workers' compensation administrative law judge (WCJ) for further proceedings and decision. It is premature to file either an Application or a petition for reconsideration since no arbitrator's decision has been issued in this case. For the foregoing reasons, IT IS ORDERED that defendant's Petition for Removal filed April 20, 1998, be, and it hereby is, DENIED. [sic] and that this matter be, and it is hereby, RETURNED to the WCJ for further proceedings and decision consistent with this opinion.

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