Gottchalks; Specialty Risk Services Charles Holz WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHARLES HOLZ, Applicant,vs.GOTTCHALKS; SPECIALTY RISKSERVICES, Defendants.Case Nos. ADJ6843759; ADJ6937004(San Luis Obispo District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated December 10, 2012, wherein the workers’ compensation administrative law judge (WCJ) denied defendant’s motion for an order to compel applicant to attend evaluation and/or phone call with defendant’s vocational expert, stating: “Court opines that it can compel a medical exam and a deposition, [but] it is without authority to grant defendant’s motion.” Defendant contends that it is fundamentally unfair to deny defendant’s expert the opportunity to evaluate applicant where applicant’s expert has already conducted such an evaluation. Applicant has filed an Answer. Applicant, while employed as a furniture mover/store manager from April 1, 1992, to July 15, 2009, sustained an industrial injury to his back. At trial on December 10, 2012, the parties stipulated that the rating of the report of the agreed medical evaluator (AME) is 28% plus 2% for chronic pain. Applicant had previously disclosed his intention to call a vocational expert to rebut the diminished future earnings capacity (DFEC) adjustment of the permanent disability rating pursuant to Ogilvie v. Workers’ Comp. Appeals Bd. (2011) 197 Cal.App.4th 1262 [76 Cal.Comp.Cases 624]. The case was continued to trial on March 18, 2013, after the WCJ denied defendant’s motion to compel applicant to attend an evaluation by defendant’s vocational expert. With regard to the power of the Appeals Board to order an evaluation by a vocational expert, we , agree that there is no explicit statutory authority for such an order. However, Labor Code section 57081 prov
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