NESTLE USA INC Insured by ACE INSURANCE COMPANY Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES Ivin Drew WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAIVIN DREW, Applicant,vs.NESTLE USA, INC., Insured by ACEINSURANCE COMPANY, Administered by SEDGWICK CLAIMS MANAGEMENTSERVICES, Defendants.Case No. ADJ8394536(Fresno District Office)OPINION AND ORDERGRANTING PETITION FORREMOVAL AND DECISIONAFTER REMOVAL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated October 2, 2013, wherein the workers’ compensation administrative law judge (WCJ) ordered the parties to coordinate an appointment with a second qualified medical evaluator (QME) after noting that the first QME had submitted late supplemental and original reports. Defendant contends that Administrative Director Rule 38(h) (Cal. Code Regs., tit. 8, § 38(h)) does not provide the remedy of a new panel of QMEs where a QME submits a late supplemental report. We have not received an answer from applicant. Defendant attached eight exhibits to its petition. None of them was scanned into EAMS. In addition, there are no medical reports in EAMS.1Without a record of the contentions of the parties, and without these exhibits and medical reports, upon which defendant bases the contention in its petition, we are unable to determine whether defendant’s account of the relevant facts in this dispute is accurate, and we are unable to determine whether defendant’s contention is correct or not. Thus, we are unable to decide the petition on its merits./// 1 Defendant states that it attached a copy of a medical report to its Declaration of Readiness to Proceed dated December 17, 2012. That report was not scanned into EAMS. , Therefore, we grant defendant’s petition, rescind the Order dated October 2, 2013, and return this case to the trial level so that the parties can create a record sufficient for us to decide the case. Cf.,
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