Cardinale Automotive Group and Ulico Casualty Company, Administered by Gallagher Bassett Services, Inc. Theodore Perll WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA THEODORE PERLL, Applicant,vs.CARDINALE AUTOMOTIVE GROUP and ULICO CASUALTY COMPANY, Administeredby GALLAGHER BASSETT SERVICES, INC., Defendants. Case No. ADJ6762403 (San Jose District Office) OPINION AND ORDER DENYING PETITION FOR REMOVAL Applicant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated November 8, 2012, wherein the workers’ compensation administrative law judge (WCJ) continued this case to trial on January 7, 2013. Applicant contends that his treating physician had ordered an MRI of his left knee on November 15, 2012; that he may require further surgery; and that if the case goes to trial as scheduled, he will not have a fair opportunity to present current information relevant to his current condition. Defendant has filed an Answer. Applicant, while employed as a car salesman on October 16, 2008, sustained an industrial injury to his left knee, cervical spine, lumbar spine, and left shoulder. He has undergone numerous surgeries to his left knee. He has been evaluated by Stephen Dell, M.D., as a panel qualified medical evaluator (QME) pursuant to Labor Code section 4062.2. Dr. Dell has submitted four reports, the most recent dated May 31, 2012. On October 4, 2012, his treating physician ordered an MRI, which was performed on November 15, 2012. For the reasons set forth by the WCJ in his Report on Petition to Remove, which we adopt and incorporate herein, we deny the petition. By the time of trial, applicant will know the results of the MRI, whether further surgery is recommended, and whether he wishes to undergo the surgery if it is recommended. On the basis of that information, the trial judge will be able to determine whether it is , appropriate to proceed with the trial or not. Meanwhile,
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