Benjamin W. Mills, vs. State Compensation Insurance Fund,

This case involves a dispute between Benjamin W. Mills, the applicant, and the State Compensation Insurance Fund, the defendant. Mills filed a petition for removal, requesting that the Workers' Compensation Appeals Board rescind an order compelling him to attend a medical examination. The defendant argued that Mills had chosen a qualified medical evaluator (QME) for his alleged injury and should be required to appear for examination. The WCAB granted the petition for removal and returned the matter to the trial level for further proceedings. The WCAB instructed the parties to comply with the procedures set out in Labor Code section 4062.2 if Mills is represented by an attorney, and to obtain another panel of QMEs if he is not. The chosen AME or QME

STATE COMPENSATION INSURANCE FUND, BENJAMIN W. MILLS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABENJAMIN W. MILLS, Applicant,vs.STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ3256331 (OAK 0345045)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            Applicant, who is not represented by an attorney in this matter, has filed a timely, unsigned, unverified, handwritten petition for removal, apparently requesting that the appeals board rescind the Order Compelling Attendance at Medical Examination dated June 4, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered applicant to appear for examination by Miles Weber, M.D., on June 23, 2009. Applicant appears to believe that defendant had chosen a qualified medical evaluator (QME), Dr. Weber, for his alleged June 16, 2006, injury and that he should be entitled to his own QME, Howard Rome, PhD, for his alleged December 28, 2007, injury.            Defendant has filed an answer, contending that Dr. Weber was chosen by applicant from a panel of QMEs, and that applicant should be required to appear for examination. Applicant filed a signed, verified, typed Request to Reply to Defendant Answer.            In his Report and Recommendation on Petition for Removal, the WCJ recommends that we grant removal and find that applicant is entitled to two QME evaluations, one for each injury.            In fact, applicant has filed three Applications for Adjudication of Claim. In OAK 0345046 (ADJ2983533), he claims that he sustained an industrial injury to his psyche on December 16, , 2006. In OAK 0345045 (AD33256331), he claims that he sustained an industrial injury to his psyche on December 28, 2007. These Applications are found in their respective WCAB files. They are both dated April 14, 2008.            in addition, there is a third file that has not been mentioned by the parties in the present litigation. In OAK 0347711 (ADJ675578), applicant claims

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