A.C. TRANSIT and CAMBRIDGE il INTEGRATED SERVICES, PHYLLIS PAYNE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPHYLLIS PAYNE, Applicant,vs.A.C. TRANSIT and CAMBRIDGEINTEGRATED SERVICES, Defendant(s).Case No. ADJ3829948 (OAK 0323674)OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant seeks removal from the July 30, 2009 determination of the workers’ compensation administrative law judge (WCJ) that applicant is entitled to be evaluated by a panel qualified medical evaluator (PQME) in psychiatry. Applicant claims that she sustained industrial injury to her respiratory system and psyche, while employed as a bus driver on December 4, 2005. Defendant contends the WCJ exceeded his power by allowing a second PQME, because the original PQME, internist Thomas E. Leonard, M.D., opined that a psychiatric evaluation was not necessary. We have considered the Petition for Removal, and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a “Report and Recommendation on Petition for Reconsideration” (Report), recommending that the petition for removal be denied. For the reasons expressed in the WCJ’s Report, which we adopt and incorporate, and for the reasons discussed below, we will deny the petition for removal. Initially, we wish to clarify that the rules, both former and current, discussed in the WCJ’s Report, are Administrative Director (AD) Rules, not Appeals Board Rules. As noted by the WCJ, former Rule 30(d)(2) is not entirely clear on the issue before us. i Nevertheless, there is no question that it envisioned selection of a second QME, when there was an , issue outside the initial QME’s scope of practice. In this case, applicant specifically claimed injury to two parts of her body: respiratory and psyche. The psyche claim is outside the scope of Dr. Leonard’s practice, which involves cardiology and internal medicine. In Gubbins v. Metropolit
