SIENA IMPORTS; FIRST COMP OMAHA For ENDURANCE INSURANCE COMPANY, ANTONIO PAULO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTONIO PAULO, Applicant,vs.SIENA IMPORTS; FIRST COMP OMAHA For ENDURANCE INSURANCE COMPANY, Defendant(s).Case No. ADJ3155871 (SFO 0509095)ORDER DENYING PETITION FOR REMOVAL We have considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report, which we adopt and incorporate, we will deny removal. We recommend that defense counsel Stockwell, Harris, Woolverton & Muehl file a Notice of Appearance at the Workers’ Compensation Appeals Board. We serve herewith a copy of the WCJ’s Report and Recommendation on Petition for Removal on defense counsel.//////////////////////// , For the foregoing reasons, IT IS ORDERED that said Petition for Removal, be, and the same hereby is, DENIED. WORKERS’COMPENSATION APPEALS BOARD _______________________________ ALFONSO J. MORESII CONCUR, _______________________________ DEIDRA E. LOWE_______________________________ FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO, CALIFORNIASep 17 2009SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:JOSEPH C. WAXMANSTOCKWELL, HARRIS, WOOLVERTON & MUEHLcsl , STATE OF CALIFORNIVDivision of Workers’ CompensationWorkers’ Compensation Appeals BoardANTONIO PAULO, Applicant,vs.SIENA IMPORTS;FIRSTCOMP OMAHA for Endurance Insurance Company, Defendants.Case No. ADJ3155871 (SF0509095)Report and Recommendation
Antonio Paulo, vs. Siena Imports; First Comp Omaha For Endurance Insurance Company,
(SF0509095) is a case involving Antonio Paulo, an applicant, and Siena Imports; First Comp Omaha for Endurance Insurance Company, the defendant. Antonio Paulo filed a petition for removal from an order voiding the panel QME issued by the DWC Medical Unit and quashing the scheduled examination with the PQME. The defendant argued that only the Medical Unit has jurisdiction to void a panel and that the WCAB does not have jurisdiction under the CCR to void a panel. The WCAB disagreed and found that the WCJ is empowered to order that a QME panel be issued where the Medical Unit is unable to issue a panel within thirty days. The WCAB found that the defendant had not presented any basis of why
- Filed On:
- Court: California, San Francisco
- Case No. ADJ3155871
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