ALL WEATHER CONSTRUCTION & COATING; STATE COMPENSATION INSURANCE FUND ARTEMIO LOPEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARTEMIO LOPEZ, Applicant,vs.ALL WEATHER CONSTRUCTION & COATING; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ1790337 (LAO 0887255)OPINION AND ORDERS DISMISSING PETITION FORRECONSIDERATION, GRANTING REMOVAL, AND DECISION AFTER REMOVAL Defendant seeks removal and reconsideration of the Order striking the reports of the panel qualified medical evaluator (PQME), issued by a workers’ compensation administrative law judge (WCJ) on November 8, 2011. The Order stated that defendant sent a medical report to the PQME ex parte and did not wait the required 20 days from service on applicant’s attorney to send the report. Applicant, while employed as a general laborer on January 14, 2008, claims to have sustained industrial injury to his neck, back, tailbone, upper extremities, bilateral knees, head, psyche, and sleep disorder. Defendant contends the WCJ erred by determining the issue of a violation of Labor Code section 4062.31 which was not before him, and that he improperly applied the 20-day rule of section 4062.3. Defendant also contends that it was denied due process when the WCJ issued the November 8, 2011 Order without providing it with sufficient notice of the mandatory settlement conference. We have considered the allegations of defendant’s Petition and the record in this matter. No Answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration, recommending that the Petition be granted and the November 8, 2011 Order vacated, and that the matter be returned to the trial level to obtain the supplemental report. _______________________________________________1 Unless otherwise stated, all further statutory references are to the Labor Code. , Based on our review of the record and for the reasons stated herein, we will dismiss the Petition for Reconsiderati
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