National Self Storage Management and Travelers Insurance Indemnity Company of Connecticut; American Home Assurance Kenneth Ford WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKENNETH FORD, Applicant,vs.NATIONAL SELF STORAGE MANAGEMENT and TRAVELERSINSURANCE INDEMNITY COMPANY OF CONNECTICUT; AMERICANHOME ASSURANCE, Defendant.Case No. ADJ978060 (SAC 0349049),ADJ1855252 (SAC 0362064)OPINION AND ORDERS GRANTING PETITION FOR RECONSIDERATION ANDREMOVAL AND DECISION AFTER RECONSIDERATION AND AND REMOVAL Applicant has filed a timely, verified petition for removal, requesting that the Appeals Board reverse that part of the Order dated November 23, 2009, wherein the workers’ compensation administrative law judge (WCJ) denied applicant’s request for further discovery to develop the record of the AME’s [agreed medical evaluator’s] opinions under Almaraz v. Environmental Recovery Services/Guzman v. Milpitas Unified School District [Almaraz/Guzman II] (2009) 74 Cal.Comp.Cases 1084 (appeals board en banc). Applicant contends that he raised the issue of Almaraz/Guzman with the ANIE in the deposition taken April 23, 2009 (Joint Exhibit C), that the AME deferred addressing an opinion on the issue until Almaraz/Guzman II had issued, and that the decision issued after the case had been submitted for decision. We have not received answers from either of the defendants. We also have not received a report and recommendation from the WCJ who has retired. Applicant, while employed as a site manager from April 6, 2003, through April 6, 2004, and during a cumulative period through July 10, 2003, sustained industrial injuries to both feet. The cases came on for trial on August 6, 2009. The WCJ issued rating instructions, resulting in a recommended permanent disability rating dated September 23, 2009. Applicant filed an Objection to Recommended Rating and Request for Further Hearing for Cross-Examination of Disability , Evaluation Specialist and a Declaration of
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