HILTON HOTELS CORPORATION (HILTON SAN FRANCISCO & TOWERS); ACE AMERICAN INSURANCE COMPANY administered by SPECIALTY RISK PLEASANTON, MINA MESIC, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMINA MESIC, Applicant,vs.HILTON HOTELS CORPORATION (HILTON SAN FRANCISCO & TOWERS); ACE AMERICAN INSURANCE COMPANY administered by SPECIALTY RISK PLEASANTON, Defendants.Case Nos. ADJ809466 (SFO 0476863)ADJ2555852 (OAK 0329065)ADJ3801383 (OAK 0329066)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING REMOVAL Defendant alternatively seeks reconsideration or removal to the Appeals Board following the June 16. 2009 minute order of the workers’ compensation administrative law judge (WCJ) who denied defendant’s Petition to Obtain a New Agreed Medical Evaluator. Applicant claims to have incurred specific and cumulative trauma industrial injury to her mid and low back while working for defendant as a housekeeper on July 15, 2002, during the period preceding October 30, 2003, and July 16, 2004.1 Defendant contends that the parties’ Agreed Medical Examiner (AME), Mechel Henry, M.D., has provided inconsistent opinions regarding the apportionment of applicant’s permanent disability among her three claimed injuries and has not consulted with or referred applicant to another physician to address the issue in accordance with Labor Code section 4663, and for that reason it was error for the WCJ to deny defendant’s Petition to Obtain a New Agreed Medical Evaluator.2 Defendant’s petition for reconsideration is dismissed because it is not taken from a final 1As noted herein, there may be a question as to whether applicant only incurred specific injury on July 16, 2004, or if that is the end date of a second cumulative trauma injury period. No findings have been made concerning that point.2Further statutory references are to the Labor Code. , order. The WCO only addressed defendant’s petition that a new AME be selected and did not finally
