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Natalie Rhymes-mallard vs. County Of Los Angeles

County Of Los Angeles Natalie Rhymes-Mallard WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANATALIE RHYMES-MALLARD, Applicant,vs.COUNTY OF LOS ANGELES, DCFS DEPARTMENT, Defendant.Case No. ADJ1056275 (MON 0257175)OPINION AND ORDERS DISMISSING PETITION FOR REMOVAL AND GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant has filed a timely Petition for Removal, requesting that the Appeals Board rescind the Order dated July 21, 2011, wherein the workers’ compensation administrative law judge (WCJ) ordered applicant to be reevaluated by Dr. Miles, an agreed medical evaluator (AME) to determine the reasonableness and necessity of home health care from December 1999 to 2009 and ordered defendant to pay for the examination, with the issue of reimbursement deferred. Defendant contends that Paul Mallard, who has filed a lien in this matter for home health care, has the burden to prove the reasonableness and necessity of his lien, that defendant should not bear the cost of proving the lien, and that Mallard has not exercised due diligence in completing his discovery. Mallard, who had been represented by a lawyer but now represents himself, and who was not served with a copy of the petition, has not filed an answer.            Applicant, while employed as a senior clerk from December 15, 1992, through December 1, 1999, sustained an industrial injury to her psyche, internal organs, neurological system, neck, back and jaw. On February 5, 2009, she received a stipulated Award of 73% permanent disability and need for further medical treatment.            Mallard is applicant’s husband. He has filed a lien in the amount of $257,837.00 for home health care. Applicant has been examined by three agreed medical evaluators (AMEs): Gerald Markovitz. M.D., David Pechman, M.D., and Samuel Miles, M.D. Defendant alleges that all three AMEs have sent , reports indicating that there is no need for home health services. Specifically, defendant refers to a re


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