County Of Alameda, Adjusted By Tristar Claims Administration Linda Wright WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALINDA WRIGHT, Applicant,vs.COUNTY OF ALAMEDA, Adjusted By TRISTAR CLAIMS ADMINISTRATION, Defendant.Case No. OAK 0251632OPINION AND ORDER i GRANTING REMOVAL AND DECISION AFTER REMOVAL Defendant AIG, administered by Tristar, petitions for removal, requesting that the appeals board amend the Order dated June 12, 2007, wherein the workers’ compensation administrative law judge (WCJ) stated that applicant was entitled to obtain medical evaluation to rebut any medical-legal evaluations obtained by Tristar. Petitioner contends that applicant is “bound” by agreement to an agreed medical evaluator (AME); that applicant is not entitled to a second report; and that because of an election against a co-defendant, the WCJ has no power to make a finding against AIG. We have not received an answer from any party. We grant removal. Applicant, while employed as a court reporter, sustained a cumulative industrial injury to various body parts. Neither the dates of injury nor body parts injured have been determined. Applicant filed an Application for Adjudication of Claim alleging a date of injury of December 1, 1997. It appears that liability for the cumulative injury runs from approximately December 1,1996 through December 1, 1997. AIG admits coverage for the County of Alameda from 1979 through June 30, 1997. After that date the County of Alameda was self-insured. On April 20, 2005 applicant filed a formal notice of election against the County of Alameda self-insured, pursuant to Labor Code section 5500.5(c). At a mandatory settlement conference on June 12, 2007, AIG and applicant stipulated that AIG provided coverage for County of Alameda from January 1, 1979 to June 30. 1997; that AIG is , subject to WCAB jurisdiction in this case; and that AIG may conduct discovery. The WCJ so ordered. The WCJ also issued the f
