DAVID MIDDLETON vs. LOWER LAKES CEMETERY, GOLDEN STATE RISK MANAGEMENT AUTHORITY

In this workers' compensation case, the defendant sought reconsideration and removal after the administrative judge overruled their objection to proceed to a Mandatory Settlement Conference. The defendant argued this denied their due process by preventing discovery and that the applicant failed to make a good-faith effort to resolve the claim before filing a Declaration of Readiness to Proceed. The Appeals Board dismissed the reconsideration petition as the order was not final. However, they granted removal, finding the applicant's statement about attempting resolution was inaccurate and discovery was still ongoing, thus ordering the matter off calendar.