DIRKSEN TRANSPORTATION; NATIONAL INTERSTATE INSURANCE COMPANY ARTURO VERA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARTURO VERA, Applicant,vs.DIRKSEN TRANSPORTATION; NATIONAL INTERSTATE INSURANCE COMPANY, Defendants.Case No. ADJ7247160(San Bernardino District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL ANDDECISION AFTER REMOVAL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated August 13, 2012, wherein the workers’ compensation administrative law judge (WCJ) took this case off calendar and stated: “Grounds is further discovery, applicant panel QME [qualified medical evaluator] on psyche competency and injury” (Transcript of Proceedings, August 13, 2012, page 6, lines 14-15). Defendant contends that applicant had not exercised due diligence in obtaining a psychiatric evaluation prior to the mandatory settlement conference (MSC) on May 15, 2012, and that the case should have proceeded to trial as scheduled on August 13, 2012. We have not received an answer from applicant. On March 9, 2010, applicant filed an Application for Adjudication of Claim, contending that while working as a truck driver on January 25, 2010, he had sustained an industrial injury to his shoulder, legs, neck and psyche. The case was set for a mandatory settlement conference on May 15, 2012, and continued to trial on July 9, 2012.1 On July 9, the case was continued to August 13, 2012, because applicant was unable to testify due to his psychiatric condition and medications. On August 13, applicant’s attorney, Ruben Salazar, moved that the case be taken off calendar to allow him to obtain a 1 If the parties filed a Pretrial Conference Statement, as required by Labor Code section 5502(e)(3), thatstatement has not been scanned into EAMS. , panel QME in psychiatry to address the issues of psychiatric injury and applicant’s competency to testify at trial. He did not explain why he had not obta
Menu
