Mervyn’S; And Travelers Insurance Company Rebecca Smith WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAREBECCA SMITH, Applicant,vs.MERVYN’S; and TRAVELERS INSURANCE COMPANY, Defendants).Case No. ADJ4546404OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATIONDefendant seeks removal, or in ihc alternative, reconsideration of the May 24, 2010 Order denying defendant’s petition to compel attendance at a panel qualified medical evaluator (PQME) appointment with Dr. Markison.1 Defendant contends that the WCJ erreÇ in denying its petition to compel attendance at a PQMF. appointment, arguing that the WCJ denied defendant’s petition without addressing the merits of defendant’s petition and that applicant is avoiding réévaluation by the PQME without a valid legal basis for failing to attend examinations. We have reviewed the record in this matter. The applicant has not filed an answer. The WCJ issued a Report and Recommendation on Petition for Removal (Report) recommending that the petition be denied. For the reasons discussed below, we will grant removal, rescind the May 24, 2010 Order, and return this matter to the trial level for the WCJ to set a status conference. The EAMS record is inadequate to support a reasoned decision by the WCJ or the Appeals Board. From our review of the records, it appears that the applicant has four open case files (ADJ files) related to two or three dales of injury. 1 The parties refer lo Dr. Markison as boih a PQME and an agreed medical evaluator (AME). Upon return of this matter to the trial level, the parties should clarify Dr. Markison’s status. , The master file (ADJ 45-16404) relates to an October 24, 2004 injury. There is no application for adjudication of claims in EAMS. There is an application in the legacy file for an October 24. 2004 injury- to applicant’s thoracic and lumbar spine that was filed by lien claimant Absolute Medical Coll
