Leonard Reason, vs. Mcnear Brick & Block; Ciga For California Compensation, In Liquidation,,

In this case, Leonard Reason, an injured worker, filed an Application for Adjudication of Claim eleven years after the date of his alleged injury. The defendant, California Insurance Guarantee Association for California Compensation, in liquidation (CIGA), denied the injury within twelve days of the filing of the Application. CIGA then filed a timely, verified petition for removal, requesting that the appeals board rescind the Order dated April 27, 2009, wherein the workers' compensation administrative law judge (WCJ) ruled that CIGA had denied the claim and refused to order the injured worker to submit to evaluation by its chosen qualified medical evaluator (QME). The appeals board granted the petition for removal and rescinded the Order,

MCNEAR BRICK & BLOCK; CIGA for CALIFORNIA COMPENSATION, in liquidation,, LEONARD REASON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALEONARD REASON, Applicant,vs.MCNEAR BRICK & BLOCK; CIGA for CALIFORNIA COMPENSATION, in liquidation,, Defendant(s).Case No. ADJ6656180ADJ1977716 (SRO 0105803)ADJ3525518 (SRO 0105800) ADJ409856 (SRO 0140480)OPINION AND ORDER GRANTING REMOVAL AND DECISION AFTERREMOVAL            Defendant California Insurance Guarantee Association for California Compensation, in liquidation (CIGA) has filed a timely, verified petition for removal, requesting that the appeals board rescind the Order dated April 27, 2009, wherein the workers’ compensation administrative law judge (WCJ) ruled: “CIGA’s … objection to D/R is overruled. It has denied this claim. Court will not order [injured worker] to attend any QME on behalf of CIGA.” CIGA contends that it has been denied due process of law by the overruling of its objection to applicant’s Declaration of Readiness to Proceed and by the WCJ’s refusal to order applicant to submit to evaluation by its chosen qualified medical evaluator (QME). Applicant has filed an answer.            Applicant, while employed as a heavy equipment mechanic, claims to have sustained an industrial injury on March 10, 1998, to his back, neck, psyche and legs. He filed an Application for Adjudication of Claim on January 14, 2009 (almost eleven years after the date of the alleged injury). The injury was been denied by the employer on January 26, 2009. Applicant has three other pending claims that are not the subject of the present petition.            Applicant filed a Declaration of Readiness to Proceed on April 6, 2009. Defendant filed an Objection to the Declaration of Readiness to Proceed on April 8, 2009, stating that defendant had received medical-legal reports of approximately 200 pages on March 4, 2009, that defendant had , scheduled a QME examination on May 26, 2009, and that defendant requested that the matte

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