ANA ORELLANA vs. AMERIPRIDE SERVICES, INC., C.N.A.; administered by TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board dismissed the Defendant's Petition for Reconsideration because it was filed from a non-final interlocutory order regarding a Qualified Medical Examiner (QME) selection. The Board also denied the Defendant's request for removal, finding no showing of substantial prejudice or irreparable harm. The Defendant argued the Applicant should be re-evaluated by the same QME from a prior, unrepresented claim, but the Board adopted the Judge's reasoning that the Applicant, now represented, is entitled to a new QME panel for the distinct, current claim. The Board determined the distinction between represented and unrepresented employee QME procedures supported the entitlement to a new panel, overriding the Defendant's argument for re-evaluation by the prior QME.