Neiman Marcus; Liberty Mutual Insurance Company Marcia Matthews WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARCIA MATTHEWS, Applicant,vs.NEIMAN MARCUS; LIBERTY MUTUALINSURANCE COMPANY, Defendants.Case No. ADJ8033181 (Anaheim District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Applicant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Findings and Order dated January 22, 2013, wherein the workers’ compensation administrative law judge (WCJ) ordered the parties to agree on an agreed medical evaluator (AME) on the issue of applicant’s need for spinal surgery or she would appoint a “regular physician” pursuant to Labor Code section 5701,1 and that we order defendant to provide the surgery requested by Israel P. Chambi, M.D. Applicant contends that the reports of Dr. Chambi constitute substantial evidence, that the reports of Steven M. Ma, M.D., as second opinion evaluator, do not constitute substantial evidence, and that she will sustain irreparable harm if required to submit to another evaluation, because her temporary disability indemnity will terminate in August 2013. We have not received an answer from defendant. Applicant, while employed as a sales associate on August 4, 2011, sustained an industrial injury to her back and urological system. She was treated by Archie Mays, M.D., who referred her to Dr. Chambi for a neurosurgical consultation.2 Dr. Chambi recommended surgery. Defendant timely 1 Unless otherwise specified, all statutory references are to the Labor Code.2 None of the reports of Dr. Mays was submitted into evidence by either party. However, in the report of Dr. Ma dated December 13, 2012, he reviews a report of Dr. ays dated June 7, 2012, in which Dr. 26 Mays concurs with the recommendation of Dr. Chambi for surgery. Both Dr. Mays and Dr. Chambi are part of Griffin Medical Group. , objected to Dr. Chambi’s recommendation (Exhibit C).
