DOUG MOCKETT & COMPANY; STATE FARM: FIRE & CASUALTY COMPANY JEAN ROWE,. WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJEAN ROWE , Applicant,vs.DOUG MOCKETT & COMPANY; STATE FARM: FIRE & CASUALTY COMPANY Defendant(s).Case No.LBO 0385631OPINION AND ORDERGRANTING REMOVALAND DECISION AFTERREMOVAL Defendant has filed a timely petition for removal, requesting thai[the appeals board rescind the Order dated May 30, 2007, wherein the workers’ compensation administrative law judge (WCJ) appointed Robert Fenton, M.D., as independent medical examiner (Labor Code section 5703.5(a)1). Petitioner contends that the WCJ has acted in excess of her authority, thus depriving petitioner of due process. We grant removal, rescind the order, and return the case to the trial level for further proceedings. Applicant, who is not represented by an attorney, sustained industrial injury to her right hip while working as a bookkeeper on November 29, 2005. On February 12, 2007, applicant executed a compromise and release in the amount of $2160.00. The settlement document was submitted for approval, and the WCJ set the case for status conference on May 30, 2007 on the issue of adequacy of the settlement (section 5001). At the conference the WCJ determined that the settlement, based on a report of the treating physician finding no permanent disability, was not adequate and ordered an independent medical evaluation. In her Report and Recommendation, she stated that she rejected the suggestion of getting a supplemental report from the treating physician because “a more comprehensive and impartial evaluation was needed” (page 3). 1Unless otherwise specified, all statutory references are to the Labor Code. , Thus, the WCJ decided that the record before her was not sufficient to determine the adequacy of the settlement presented to her for approval and that there was a need to develop the record. In McDuffie v. Los Angeles Metropolitan Transit Authority (2002) 67
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