COUNTY OF HUMBOLDT; CORVEL CORPORATION LINDA NOLD, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALINDA NOLD, Applicant,vs.COUNTY OF HUMBOLDT; CORVEL CORPORATION Defendant(s).Case No. ADJ6496478OPINION AND ORDER GRANTING REMOVAL AND DECISION AFTER REMOVAL Defendant has filed a timely petition for removal, requesting that the appeals board rescind the Order to Permit Qualified Medical Examination dated April 7, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered that “defendant not impede applicant scheduling and participating in evaluation by Qualified Medical Examiner Dr. Kevin T. Kelly, Ph.D.” Defendant contends that applicant chose Dr. Kelly as a qualified medical evaluator(QME) pursuant to Labor Code section 4062.11 while she was not represented by an attorney; that she has not attended and participated in an examination by Dr. Kelly; that she is now represented by an attorney; and that she must be evaluated pursuant to the provisions of section 4062.2. We have not received an answer from applicant. Applicant, while employed as a supervising mental health clinician from June 1, 2006, through May 19, 2008, claims to have sustained an industrial injury to her psyche and cardiovascular system. The employer has denied the claim. Applicant requested and obtained a panel of QMEs pursuant to section 4062.1. She apparently scheduled an appointment with Dr. Kelly. However, applicant refused to authorize release of medical records of her treating physicians to defendant. On December 2, 2008, the WCJ ordered provision of the records. On February 5, 2009, applicant retained counsel. She 1Unless otherwise specified, all statutory references are to the Labor Code. , rescheduled the QME appointment for March 18, 2009. Defendant cancelled the appointment. At a status conference on April 7, 2009, the WCJ ordered the examination by Dr. Kelly. Section 4062.2(a) provides: “Whenever a comprehensive medical
