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Wendy Adamson vs. Designing Health Inc California Insurance Guarantee Association American Commercial

DESIGNING HEALTH INC CALIFORNIA INSURANCE GUARANTEE ASSOCIATION AMERICAN COMMERCIAL WENDY ADAMSON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWENDY ADAMSON, Applicant,vs.DESIGNING HEALTH INC.; CALIFORNIAINSURANCE GUARANTEEASSOCIATION/AMERICAN COMMERCIAL, Defendants.Case No. ADJ2656335 (VNO 0467107)OPINION AND ORDERDENYING PETITION FORREMOVAL            Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated May 8, 2014, wherein the workers’ compensation administrative law judge (WCJ) ordered: “The exam with Dr. [Seymour] Levine is a medical legal on chronic pain/regional pain v. fibro[myalgia] to be reviewed by Angerman the ortho [agreed medical evaluator], to be paid under the [medical-legal] fee schedule,” and took this matter off calendar. Defendant contends that the WCJ has exceeded her authority in ordering an examination pursuant to Labor Code section 5701,1 citing McDuffie v. Los Angeles County Metropolitan Transit Authority (2002) 67 Cal.Comp.Cases 138 (Appeals Board en banc). Applicant has not filed an answer.            For reasons set forth by the WCJ in her Report and Recommendation, which we adopt and incorporate herein, we deny the petition. We agree that the .examination by Dr. Levine is a medical-legal examination pursuant to section 4062(a), as operative on the date of applicant’s June 13, 2001, injury. It is not an examination ordered by the WCJ pursuant to section 5701, and McDuffie, supra, is not relevant.            However, we also note that it is now thirteen years since applicant sustained her industrial injury. It is time to bring this matter to a conclusion. Therefore, after the report from Dr. Levine and any 1 Section 5701 provides in relevant part: “The appeals board may also from time to time direct any employee claiming compensation to be examined by a regular physician.” Unless otherwise specified, all statutory references are to the Labor Code. , defense rebuttal

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