YEMISRACK BEYENE vs. DEE ANN MANAGEMENT; ILLINOIS MIDWEST SPRINGFIELD

In this case, Yemisrack Beyene, the applicant, was employed as a cleaner on March 10, 2010 and sustained an industrial injury to her back and left leg. The defendant, Dee Ann Management; Illinois Midwest Springfield, filed a petition for removal, requesting that the Appeals Board rescind the Order dated April 17, 2012, wherein the workers' compensation administrative law judge (WCJ) ordered this matter off calendar. The Appeals Board granted the petition for removal and returned the matter to the trial level to be set for a status conference. The WCJ should determine whether the parties have managed to resolve the issues identified and if not, the WCJ should create a schedule for discovery and keep the case on calendar until the parties have complied

DEE ANN MANAGEMENT; ILLINOIS MIDWEST SPRINGFIELD YEMISRACK BEYENE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAYEMISRACK BEYENE, Applicant,vs.DEE ANN MANAGEMENT; ILLINOIS MIDWEST SPRINGFIELD, Defendant.Case No. ADJ7329591OPINION AND ORDER GRANTING PETITION FOR REMOVAL ANDDECISION AFTER REMOVAL            Defendant has filed a timely, verified petition for removal, requesting that the Appeals Board rescind the Order dated April 17, 2012, wherein the workers’ compensation administrative law judge (WCJ) ordered this matter off calendar. Defendant contends that applicant has not exercised due diligence in conducting discovery, that discovery should have closed at the mandatory settlement conference (MSC) on April 17, 2012, and that the case should have been set for trial. Applicant has filed an Answer.            Applicant, while employed as a cleaner on March 10, 2010, sustained an industrial injury to her back and left leg. She was treated by Mitchell Schiffman, M.D., until he was terminated by the employer’s medical provider network (MPN). Since then, it is not clear who is treating her. At a hearing on July 25, 2011, defendant agreed to authorize epidural injections recommended by Dr. Schiffman and to pay “appropriate compensation.” However, applicant contends that defendant did not authorize Dr. Schiffman to provide the treatment, and she was unable to find a physician in the MPN because “the MPN list was defective.” At a hearing on December 21, 2011, defendant was ordered to provide epidurals “at an approved MPN facility within a reasonable location to applicant’s address” and to pay temporary disability indemnity from October 10, 2011, to November 17, 2011./ / // / / ,             Defendant filed a Declaration of Readiness to Proceed (DOR) on February 1, 2012. On February 28, 2012, applicant filed an untimely objection to the DOR.1 She also filed an amended Application alleging injury to the psyche. In her Answer, applicant alleges that she offered ag

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