COUNTY OF ALAMEDA; SEDGWICK CLAIMS MANAGEMENT SERVICES, ROBYN J. RIVERA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBYN J. RIVERA, Applicant,vs.COUNTY OF ALAMEDA; SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendant(s).Case No. ADJ6580375OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant has filed a timely, verified petition for removal, requesting that the appeals board reverse the Order dated June 29, 2009, wherein the workers’ compensation administrative law judge (WCJ) pro tempore’ ordered this matter off calendar and stated: “Discovery is closed except as to part 2 of deposition of panel QME, Dr. Pingitore. Issue of who is to pay for deposition (fee of Dr. Pingitore + court reporter) is deferred for decision by trial judge.” We have not received an answer from applicant. The WCJ has not filed a report and recommendation. Applicant, while employed as a secretary on August 1, 2007, claims to have sustained an industrial injury to multiple body parts caused by “repeated incidents of harassment regarding position realignment that resulted in a lot of stress.” According to the petition, applicant was examined by David Pingitore, Ph.D., as a panel qualified medical evaluator (QME) pursuant to Labor Code section 4062.1 while she was not represented by an attorney. Defendant, represented by an attorney, took the deposition of Dr. Pingitorq on May 14, 2009. Applicant did not appear at the deposition. She filed a notice of representation by an attorney on June 13, 2009. At a mandatory settlement conference (MSC) on June 29, 2009, applicant’s attorney requested that the matter go off calendar so that he could have an opportunity to redepose Dr. Pingitore, who 1See Labor Code section 123.7. , (according to defendant) had changed his mind at the deposition about whether the actual events of employment were the predominant cause of her psychiatric injury. The WCJ granted the request. Defendant contends that it will suffer signifi
