A. Rudin; Zenith Insurance Company Jesus Mendoza Soto WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESUS MENDOZA SOTO, Applicant,vs.A. RUDIN; ZENITH INSURANCE COMPANY, Defendant(s).Case Nos. ADJ1349193; ADJ2811701; ADJ491478OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Applicant seeks reconsideration of, and in the alternative requests removal from, the April 14, 2010 Order Compelling Applicant’s Attendance at Medical Examination (Order) issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ ordered applicant “to appear for the medical appointment with State Panel [Qualified Medical Evaluator (QME)J John J. O’Hara. M.D., on Monday, July 12, 2010….” Applicant alleges industrial injury to his right upper extremity while employed as a laborer/furniture mover on March 21, 2007, on July 6, 2007, and from March 21, 2007 to July 6. 2007. Applicant contends that the WCJ erred in ordering him to attend the July 12, 2010 evaluation arguing that defendant did not meet its burden of proof to establish that it has a right to have applicant evaluated. We did not receive an answer from any party. However, the WCJ issued a Report and Recommendation on Petition for Reconsideration or in the Alternative Removal (Report) recommending that we deny reconsideration and deny applicant’s request for removal. Based on our review of the record and for the reasons discussed herein, we will dismiss applicant’s Petition for Reconsideration and deny applicant’s request for removal. , On April 1, 2010, defendant filed a Petition to Compel Applicant’s Attendance at Medical Examination (Petition to Compel). The proof of service shows that it was served on applicant’s counsel on March 31,2010. In its Petition to Compel, defendant stated that applicant had failed to attend a January 25, 2010 panel QME appointment and that the appointment had been rescheduled t
