Andrea Parker Gunnell, vs. Torrance Memorial Hospital Center, P.s.i.; Matrix Absence Management,

In this case, Andrea Parker Gunnell, an applicant, sought reconsideration of an April 2, 2009 Order Compelling Attendance at Agreed Medical Evaluation and Order Suspending Proceedings. The Workers' Compensation Appeals Board granted the petition for reconsideration and rescinded the April 2, 2009 Order, returning the matter to the trial level for a new decision by the workers' compensation administrative law judge.

TORRANCE MEMORIAL HOSPITAL CENTER, P.S.I.; MATRIX ABSENCE MANAGEMENT, ANDREA PARKER GUNNELL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANDREA PARKER GUNNELL, Applicant,vs.TORRANCE MEMORIAL HOSPITAL ENTER, P.S.I.; MATRIX ABSENCE MANAGEMENT, Defendant(s).Case No. ADJ1722443 (LBO 0381092)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the April 2, 2009 “Order Compelling Attendance at Agreed Medical Evaluation and Order Suspending Proceedings” wherein the WCJ ordered applicant to attend the newly scheduled medical evaluation on April 17, 2009 at 12:30 p.m. with Stuart Green, M.D. The WCJ also ordered that the applicant’s claim was suspended until the medical evaluation was completed. Applicant’s underlying claim is for a cumulative injury from January 1, 2005 through July 24, 2006 to her neck, back, both hands and wrists, both feet and psyche, while working as an “admit rep 1.”            Applicant contends that neither she nor her attorney received defendant’s August 6, 2008 appointment letter regarding the December 9, 2008 evaluation with Dr. Green. Applicant argues that she would have attended the reevaluation by the AME if she had been aware of the appointment. Applicant also argues that she should not be held responsible for the costs as she has been cooperative regarding all medical appointments. Applicant also contends that her counsel objected to defendant’s March 5, 2009 petition seeking the Orders to compel applicant’s attendance and to suspend proceedings. No Answer was found in FileNet in the Electronic Adjudication Management System (EAMS) or in the file forwarded to us. ,             Initially, we note that the Appeals Board has 60 days from the filing of a petition for reconsideration to act on that petition. (Lab. Code, § 5909.) Applicant filed her Petition for Reconsideration on May 7, 2009. Through no fault of petitioner’s, however, her petition did

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