CITY OF SAN RAFAEL, Permissibly Self-Insured, C/O REMIF, JAMES VON BIMA, JR., WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES VON BIMA, JR., Applicant,vs.CITY OF SAN RAFAEL, Permissibly Self-Insured, C/O REMIF, REMOVAL Defendant(s).Case No. ADJ971572 (SFO 0507738)ADJ2628237 (SFO 0507737)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant seeks reconsideration of the August 28, 2009 “Findings and Order” issued by a workers’ compensation administrative law judge (WCJ). In that decision, the WCJ found that the Qualified Medical Evaluator (QME) report by Dr. Burt was a proper QME report as to injuries and body parts in applicant’s four cases and that the report was admissible into evidence on all issues. The WCJ further found that the reports of Dr. Burt were substantial evidence. The WCJ denied defendant’s “Petition to Strike” the report of Dr. Burt. In its Petition, defendant contends that Dr. Burt’s report should not be allowed because applicant’s attorney unilaterally obtained it without first objecting to the treating physician’s report and before applicant’s condition reached maximum medical improvement (MMI). Defendant also argues that Dr. Burt’s January 25, 2008 report is not based on a complete and accurate history, as Dr. Burt did not review medical records of applicant’s complicated medical history or other information regarding his activities and employment. Applicant filed an Answer. We have considered the allegations of defendant’s petition, applicant’s Answer and the limited contents of the record, including the WCJ’s Report and Recommendation on Petition for Reconsideration (Report). Based upon our review of the meager record, including that contained in the Electronic Adjudication Management System (EAMS), and for the reasons stated herein, we will consider defendant’s petition as one for removal, grant removal and rescind the WCJ’s
