ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT YORK INSURANCE SERVICES GROUP ESTHER GARCIA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAESTHER GARCIA, Applicant,vs.ANTELOPE VALLEY UNION HIGHSCHOOL DISTRICT; YORK INSURANCESERVICES GROUP, Defendants.Case Nos. ADJ6550105; ADJ6777358ADJ6777361; ADJ6976802(Van Nuys District Office)OPINION AND ORDERGRANTING PETITION FORREMOVAL AND DECISIONAFTER REMOVAL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board amend the Order dated April 22, 2014, to rescind the order that the parties select a certified, accredited facility to perform a sleep study.1 Defendant contends that the order for a sleep study was not within the discretion of the workers’ compensation administrative law judge (WCJ) to order at a mandatory settlement conference (MSC). Applicant has filed an Answer. Applicant has four pending claims of industrial, three specific injuries and one cumulative injury. At the MSC on April 22, 2014, the WCJ ordered the parties to arrange for a sleep study. In her Report and Recommendation, the WCJ describes the proceedings as follows: “An unusual amount of time was spent with the parties as applicant wanted to proceed to trial and defendant had lodged a timely objection and wanted to go off calendar. Having reviewed, in brief, the convoluted history of the lead case; having heard the back and forth and back and forth of the arguments of the attorneys; having reviewed the reports from Dr. Geiger and Dr. Alonzo; this judge issued a discovery order …. This judge made interim orders so that the parties would have an opportunity to complete their mutual demands for 1 The Order also provided that the cross-examination of panel qualified medical evaluator Alonzo go forward. Defendant is not aggrieved by that provision. , discovery, amongst which defendant wanted to cross examine the PQMIE Dr. Alonzo. Interim orders were issued so that discovery could be completed”
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