Bernard Cachet vs. Steven’s Bay Area Diesel Service Inc.; First Comp Omaha, For Endurance Insurance Company

This case is about Bernard Cachet, who is seeking reconsideration or removal of an order issued by a workers' compensation administrative law judge (WCJ) that he attend a Panel Qualified Medical Evaluation (PQME) with an orthopedic surgeon. The petition for reconsideration was dismissed because there was no final order subject to reconsideration, and the petition for removal was denied because there was no showing of substantial prejudice or irreparable injury. The matter was returned to the trial level so that the defendant could obtain a new panel of orthopedic QME's from the Medical Unit within a reasonable geographic area of applicant's new address.

Steven’s Bay Area Diesel Service Inc.; First Comp Omaha, for Endurance Insurance Company Bernard Cachet WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABERNARD CACHET, Applicant,vs.STEVEN’S BAY AREA DIESEL SERVICE INC.; FIRSTCOMP OMAHA, forENDURANCE INSURANCE COMPANY, Defendant(s).Case No. ADJ6877121OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION ANDDENYING PETITION FOR REMOVAL            Applicant seeks reconsideration, or in the alternative removal, following the Order, issued March 29, 2010, wherein the workers’ compensation administrative law judge (WCJ) ordered applicant to attend a Panel Qualified Medical Evaluation (PQME) with orthopedic surgeon, David Johnson, M.D.            Applicant contends that he is entitled to be evaluated by a chiropractor and that compelling applicant to be evaluated by an orthopedist with result in significant prejudice to applicant. Applicant further argues that Dr. Johnson’s office is not in the general geographic area of applicant’s residence insofar as applicant has moved his residence to Apple Valley, California “750 miles” from Dr. Johnson’s office. Defendant filed an Answer.            Based upon our review of the record, and for the reasons set forth herein, we will dismiss applicant’s Petition for Reconsideration, because there is no final order subject to reconsideration, and deny applicant’s petition as a petition for removal.            At the outset, we note that reconsideration may be had only of a final order, decision, or award. (Labor Code section 5900.) The WCJ’s Order, compelling applicant to be evaluated by a PQME, does not constitute a final order within the meaning of Section 5900. An order which does not dispose of the substantive rights and liabilities of those involved in a case, is not a final order. , (2 California Workers’ Compensation Practice, Cal. CEB 4th Ed., June 2009, sections 21.8 – 21.9, pp. 1678-1680.) A “final” order has been defined as one which determines any substantive r

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