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Mary Miller vs. Public Storage And Sedgwick Claims Management Service

Public Storage and Sedgwick Claims Management Service Mary Miller WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARY MILLER5 Applicant,vs.PUBLIC STORAGE and SEDGWICK CLAIMSMANAGEMENT SERVICE, Defendants.Case No. ADJ8727421 (San Jose District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Supplemental Order Requiring Response and Action and Suspending Approval Concerning Compromise and Release dated March 6, 2013, wherein the workers’ compensation administrative law judge (WCJ) ordered defendant to obtain a formal job analysis prepared by an independent rehabilitation counselor and to obtain a reevaluation by the qualified medical evaluator (QME) in this case, including review of the job analysis. Defendant contends that the parties should not be required to “take the very steps which they were both wishing to avoid when agreeing on a C&R [compromise and release]” (page 4). Applicant, who is not represented by an attorney, has not filed an answer.            Applicant, while employed as a property manager on January 16, 2012, sustained an industrial injury to her arm, hips, knee and back. She was evaluated by Kenneth Kubrick, M.D., as QME. On January 22, 2013, defendant filed a C&R, proposing to settle the case for $5,000.00. Simultaneously, applicant filed a letter stating that she had read the report of the QME and wished to close her claim without an attorney. The WCJ filed an Order Suspending Action on January 24, 2013. On February 22, 2013, the Employment Development Department (EDD) filed an opening lien for state disability insurance (SDI) to be paid at $259 per week commencing January 25, 2012, and not to exceed $13,468.00. A conference was held on March 5, 2013, and was taken off calendar while waiting for a QME report. ,             The WCJ filed his Supplemental Order on March 6, 2013. Defendant


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