PAINT YOUR CASTLE; and STATE COMPENSATION INSURANCE FUND, THEODORE FLORENTZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATHEODORE FLORENTZ,Applicant,vs.PAINT YOUR CASTLE; and STATE COMPENSATION INSURANCE FUND,Defendant.Case No. ADJ2972385 (ANA 0400658)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION; GRANTING REMOVAL AND DECISION AFTER REMOVALIn separate petitions, defendant seeks reconsideration of, and removal to the Appeals Board from, the Order Granting Permission to Select a Qualified Medical Examiner of November 10, 2008, wherein the workers’ compensation judge (WCJ) determined, in essence, that the parties may each select their own qualified medical examiner (QME) to address the disputed issues regarding the alleged industrial injury that applicant claims he sustained to his head, neck, mouth, nose, right wrist, and legs on March 22, 2006, while employed as a painter by Paint Your Castle, State Compensation Insurance Fund’s insured on the date of the alleged injury, because the Division of Workers’ Compensation’s Medical Unit (medical unit) did not issue a QME panel to the parties within 39 days of their request for one.Defendant contends that the WCJ erred in ordering that the parties may each select their own QME, arguing that the process provided pursuant to Labor Code section 4062.21 for selecting a QME for a claimed injury occurring on or after January 1, 2005, where the worker is represented by an attorney, is the only permissible manner for selecting a QME. Applicant did not file an answer to defendant’s petitions for removal and reconsideration./// , I. We have considered the allegations made in defendant’s petitions for reconsideration and removal, as well as the content of the WCJ’s Report and Recommendation. Based on our review of the record and for the reasons stated below, we will dismiss defendant’s petition for reconsideration, grant removal, and reverse the Order Granting Permission o Se
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