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ARTHUR LUCERO vs. CITY OF FRESNO, Permissibly Self-Insured, Administered By AMERICAN ALL RISK LOSS ADMINISTRATORS

CITY OF FRESNO, Permissibly Self-Insured, Administered by AMERICAN ALL RISK LOSS ADMINISTRATORS ARTHUR LUCERO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARTHUR LUCERO, Applicant,vs.CITY OF FRESNO, Permissibly Self-Insured, Administered byAMERICAN ALL RISK LOSS ADMINISTRATORS, Defendants.Case No. ADJ7651955(Fresno District Office)OPINION AND ORDER DENYING PETITION FOR REMOVAL            Applicant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated August 7, 2012, wherein the workers’ compensation administrative law judge (WCJ) found that Ajit Arora, M.D., is the panel qualified medical evaluator (QME). Applicant contends that defendant’s notice of intent to strike Dr. Cayton from the panel of QMEs was not sufficient to strike Dr. Cayton. Defendant has filed an answer.            Applicant, while employed as a firefighter from May 28, 2009, through May 28, 2010, claims to have sustained an industrial injury to his heart, cardiovascular system and hernia. After failure to agree on an agreed medical evaluator (AME), a panel of QMEs was requested. The panel issued on September 29, 2011. On October 3, 2011, defendant informed applicant’s attorney that if they did not agree on a panelist within ten days, defendant would strike Dr. Cayton on the eleventh day. On October 12, 2011, applicant struck Dr. Tam. Defendant took no further action to strike Dr. Cayton. The WCJ determined that defendant’s notice of intent to strike was sufficient and timely within the meaning of Labor Code section 4062.2(c).            For the reasons set forth by the WCJ in his Report and Recommendation on Petition for Removal, which we adopt and incorporate herein, we deny the petition. We agree that defendant’s communication , was notice of defendant’s strike of Dr. Cayton upon expiration of the ten-day period prescribed by LaborCode section 4062.2.            We also advise applicant that where he files a late verification purs

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