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Cynthia Pascoe vs. Danka Holding Co.; Liberty Mutual

Danka Holding Co.; Liberty Mutual Cynthia Pascoe WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACYNTHIA PASCOE, Applicant,vs.DANKA HOLDING CO.; LIBERTY MUTUAL, Defendants.Case No. ADJ1744414OPINION AND ORDERS DISMISSING RECONSIDERATION, GRANTING REMOVAL AND DECISION AFTER REMOVAL            Defendant, Danka Holding Company, by and through its insurer. Liberty Mutual Insurance Group, has filed a petition seeking, alternatively, removal or reconsideration from the order disallowing defendant’s QME examination issued at the Mandatory Settlement Conference (MSC) on July 11.2010.            Defendant contends that it established good cause for a continuance at the MSC to obtain further medical evidence and that it would be irreparably harmed if it is precluded from further discovery. Applicant has filed an answer to defendant’s petition.For the reasons set forth below, we shall grant defendant’s petition for removal to permit defendant’s medical examination to proceed. We shall dismiss defendant’s alternative petition for reconsideration, as the order is not a final order from which reconsideration may be sought.I.Applicant sustained an industrial injury on March 2, 2000, to her head, neck, headaches, memory and concentration, as a result of a motor vehicle accident while employed as an outdoor salesperson. She received an award of 77% permanent disability on October 3, 2005. The award also provided that applicant was entitled to continue medications Pepcid and Topimax, to treat her , post-traumatic head syndrome, as recommended by her treating physician. Dr. Hsia.            In 2008, applicant was diagnosed with adult onset Still’s Disease, a rare autoimmune disorder, which was described by Dr. Hsia as having been induced by the Topimax medication she had been taking to treat her headaches.            Applicant obtained a Qualified Medical Evaluation with Dr. Allen Salick, after the parties were unable to reach agreement on an Agreed Medical Examiner. Dr. Sal

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