MARIA DUARTE vs. GREENFIELD CARE CENTER OF FULLERTON; CAREWEST CLAIMS MANAGEMENT, Administered By PEGASUS

is a case involving Maria Duarte, an applicant, and Greenfield Care Center of Fullerton and CareWest Claims Management, administered by Pegasus, defendants. The defendant filed a Petition for Removal, requesting that the Appeals Board rescind the Order dated March 27, 2012, wherein the workers' compensation administrative law judge (WCJ) ordered the case off calendar. The defendant argued that the WCJ had no authority to order an orthopedic agreed medical evaluator (AME) to refer the applicant to doctors of his choice in internal, neurological/pulmonary and urological medicine. The Appeals Board granted the Petition for Removal and rescinded the Orders dated November 8, 2011, and March 27, 2012. The matter was returned to the trial

GREENFIELD CARE CENTER OF FULLERTON; CAREWEST CLAIMS MANAGEMENT, Administered by PEGASUS MARIA DUARTE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA DUARTE, Applicant,vs.GREENFIELD CARE CENTER OF FULLERTON; CAREWEST CLAIMS MANAGEMENT,Administered by PEGASUS, Defendants.Case No. ADJ3465664 (AHM 0133582)OPINION 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 March 27, 2012, wherein the workers’ compensation administrative law judge (WCJ) ordered this case off calendar and stated: “Def does not want to follow prior Order which was not subject to a Pet. for Removal. Def requests frivolous setting of MSC after this court’s order to have the AME pick specialties since def could not agree last hearing. Req for cont is denied. AME shall select the specialties to develop his report on Internal, Neuro/Pulmonary, Urologist.”            Defendant contends that the notes on the Minutes of Hearing dated November 8, 2011, are not an order from which reconsideration could be sought; that the WCJ has no authority to order an orthopedic agreed medical evaluator (AME) to refer applicant to doctors of his choice in internal, neurological/pulmonary and urological medicine; and that ordering the AME to select a urologist is inappropriate because applicant has never pled urological complaints. Applicant has filed an Answer.            Applicant, while employed as a housekeeper on September 19, 2005, sustained an industrial injury to her left shoulder, arm, hand, and wrist. She has amended her Application for Adjudication of Claim to allege additional injury to “internal and sleep.” She has been evaluated by Larry A. Danzig, M.D., as AME in orthopedics. In his most recent report dated March 29, 2011, Dr. Danzig apparently , stated that he would defer to an AME neurologist/pulmonologist (sleep disturbance), AME urologist (sleep d

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