City Of Alhambra Fire Department; Administered By Adminsure John Kabala WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHN KABALA, Applicant,vs.CITY OF ALHAMBRA FIRE DEPARTMENT; administered by ADMINSURE, Defendant.Case No. ADJ6653749OPINION AND ORDER GRANTING REMOVAL AND DECISION AFTER REMOVAL Defendant has filed a timely, verified petition for removal, requesting lhat the Appeals Board rescind the Order Vacating Submission and Disposition to Complete the Medical Record dated September 30, 2010, wherein the workers’ compensation administrative law judge (WCJ) ordered the parties to depose tire panel qualified medical evaluator in internal medicine and to agree on agreed medical evaluators (AMEs) for evaluation of applicant’s cardiac and hypertensive issues and hit ears, eyes, and pulmonary conditions. If the parties arc unable to agree, they are to advise the WCJ that court-appointed physicians are required. Defendant contends that applicant took no steps to complete the record prior to trial and should not be allowed to avoid closure of discovery pursuant to Labor Code section 5502(e)(3).1 We have received an answer from applicant. Applicant, while employed as a fire marshall from December 12, 2007, to December 12, 2008. claims to have sustained an industrial injury to his internal system, heart, cardiovascular system, both eyes, and both ears. The employer has denied the injury. Applicant has been examined by Amrit Singh, M.D., a cardiologist, as a panel qualified medical evaluator (QME) pursuant to sections 4060 and 4062.2. Dr. Singh has produced reports dated May 27, 2009, and October 28, 2009. 1 Unless otherwise specified, all statutory references are to the Labor Code. , The case was scheduled for a priority conference pursuant to section 5502(c) on July 21, 2010. Applicant requested that the case go off calendar. Defendant opposed the request. The WCJ ordered the case continued to trial, but ordered discov
John Kabala vs. City Of Alhambra Fire department; Administered By Adminsure
In this case, the City of Alhambra Fire Department, administered by Adminsure, filed a petition for removal requesting that the Workers' Compensation Appeals Board rescind an order vacating submission and disposition to complete the medical record. The case involved an employee who claimed to have sustained an industrial injury to his internal system, heart, cardiovascular system, both eyes, and both ears. The Appeals Board granted the petition for removal and rescinded the order, returning the matter to the trial level to be submitted for decision.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6653749
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