MERVYN’S ESTATE Permissibly Self-Insured CALIFORNIA SELF-INSURERS SECURITY FUND ELIZABETH GUTIERREZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELIZABETH GUTIERREZ, Applicant,vs.MERVYN’S ESTATE, Permissibly Self-Insured; CALIFORNIA SELF -INSURERSSECURITY FUND, Defendants.Case Nos. ADJ2441046 (SAL 0080759)ADJ2285277 (SAL 0083470)ADJ1622564 (SAL 0103675)OPINION AND ORDERDENYING PETITION FORREMOVAL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board reverse the Findings and Order dated March 21, 2014, wherein the presiding workers’ compensation administrative law judge (WCJ) found that applicant may continue to pursue her psychiatric claim and ordered defendant to authorize a psychiatric evaluation with Dr. Allen. Defendant contends that because applicant had failed to keep two appointments with defendant’s qualified medical evaluator (QME) in psychiatry, her right to pursue her psychiatric claim should be barred. Applicant has filed an Answer. Applicant, while employed on August 9, 1996, May 2, 1995, and during a period ending January 29, 2002, sustained industrial injuries to her neck, back, psyche and upper extremities and claims to have sustained injury to her left elbow. The cases came on for trial on February 12, 2014, on the issue of whether applicant could continue to pursue her psychiatric claim in light of two missed appointments. Applicant testified that she had received notice of the two appointments but that transportation expenses were not enclosed with the notices, and she was unable to pay for gas. She testified that if an appointment with Dr. Allen were rescheduled and transportation were provided, she would keep the appointment. In his Opinion on Decision, the WCJ stated that he found her testimony to be credible and persuasive. He also put applicant on notice that “failure to keep another medical appointment with Dr. Allen may result in her being denied the opportun
