AMERIPARK INC NATIONAL LIABILITY & FIRE INSURANCE OAK RIVER INSURANCE CO Adjusted by ACCA BIYAZEN JEMBERE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABIYAZEN JEMBERE, Applicant,vs.AMERIPARK, INC.; NATIONAL LIABILITY& FIRE INSURANCE; OAK RIVERINSURANCE CO., Adjusted by ACCA, Defendants.Case Nos. ADJ3570526 (VNO 0553441)ADJ3614404 (VNO 0552970)OPINION AND ORDERDISMISSING PETITION FORREMOVAL Applicant has filed a timely Petition for Removal, requesting that the Appeals Board rescind the Order to Appear for Panel QME Examination/Order Suspending Proceedings dated February 13, 2014. Applicant contends that he was not afforded sufficient opportunity to respond to defendant’s Petition to Compel Attendance at Medical Evaluation and that the Orders were improper on the merits because he had a sufficient excuse for failing a previous appointment with the qualified medical evaluator (QME). Applicant failed to attend an appointment with QME Irina Addes, M.D., on January 8, 2014. His brother had died in Ethiopia on December 29, 2013, and he flew to Ethiopia to attend to his brother’s affairs. He was in Ethiopia from January 4, 2014, through January 28, 2014. On February 4, 2014, defendant filed its Petition to Compel applicant to attend an evaluation by Dr. Addes on March 12, 2014. Workers’ Compensation Administrative Law Judge (WCJ) Greenberg filed an Order Compelling Attendance at Medical Evaluation dated February 6, 2014. For bureaucratic reasons the Order was not entered into EAMS until February 12, 2014. Meanwhile, defendant walked its petition in to WCJ Zamudio, who was not aware of the Order filed by WCJ Greenberg, filed the Order to Appear/Order Suspending Proceedings on February 13, 2014. Defendant has informed us that applicant kept the appointment with Dr. Addes on March 12, 2014. Therefore, applicant’s petition is moot as to WCJ Greenberg’s order directing applicant to attend , that evaluation, and as to WCJ Za
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