SUSAN BRITT vs. OFFICE OF THE COUNTY COUNSEL, Permissibly Self-Insured C/o TRISTAR RISK MANAGEMENT

ADJ4162370 (VNO 0346321) ADJ2446314 (VNO 0276125): This case involves a dispute between Susan Britt, the applicant, and the Office of the County Counsel, Permissibly Self-Insured c/o TRISTAR Risk Management, the defendant, over whether or not Britt sustained an injury arising out of and occurring in the course of her employment to fibromyalgia. Lien claimant, David Silver, M.D., filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the letter dated January 19, 2012, wherein the workers' compensation administrative law judge (WCJ) appointed Seymour Levine, M.D., as "special medical investigator." After review

OFFICE OF THE COUNTY COUNSEL, Permissibly Self-Insured c/o TRISTAR RISK MANAGEMENT SUSAN BRITT WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASUSAN BRITT, Applicant,vs.OFFICE OF THE COUNTY COUNSEL, Permissibly Self-Insured c/oTRISTAR RISK MANAGEMENT, Defendants.Case Nos. ADJ3096300 (VNO 0326012)ADJ4162370 (VNO 0346321)ADJ2446314 (VNO 0276125)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND NOTICE OFINTENTION TO FIND THAT APPLICANT DID NOT SUSTAININJURY AOE/COE TO FIBROMYALGIA            Lien claimant, David Silver, M.D. (LC), has filed a timely,1 verified Petition for Removal, requesting that the Appeals Board rescind the letter dated January 19, 2012, wherein the workers’ compensation administrative law judge (WCJ) appointed Seymour Levine, M.D., as “special medical investigator.” LC contends the issue of extraordinary circumstances versus the fee schedule does not require medical opinion and that the medical investigator should not have been asked to comment on LC’s fees in relation to other rheumatologists. Defendant has filed an answer. LC has filed a supplemental petition, which we accept.            Applicant, while employed as a word processor from March 1994 to April 1997 and on January 24, 1995, sustained industrial injuries to her spine, shoulders, knees, hands, wrists and head and claimed to have sustained injuries to fibromyalgia, psyche and TMJ. She settled her cases by Compromise and Release approved on July 29, 2002. LC’s lien for treatment of fibromyalgia was not resolved in the settlement. 1 The WCJ’s letter was not served on LC or his representative. LC states that he did not discover theletter until April 11, 2012. Defense counsel states that he did not receive a copy of the letter, although ,the letter demonstrates service on defense counsel. The petition was filed on April 12, 2012. We accept it as timely. ,             The issue of LC’s lien came on for trial on January 28, 2010. Defendant also raised the issue of whether applicant’s

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