Carlos Del Cid, vs. Walters & Wolf Glass; Gallagher Bassett Corona,

(SFO 0510049) is a case involving Carlos Del Cid, the applicant, and Walters & Wolf Glass; Gallagher Bassett Corona, the defendant. The Workers' Compensation Appeals Board denied both the applicant's petition for reconsideration and removal, and the defendant's petition for removal. The WCJ found that the applicant sustained an industrial injury to his cervical spine on June 15, 2007 and claims to have sustained injury to his thoracic spine. The WCJ struck the medical reports of Jack Piasecki, M.D. due to the lack of a translator present during the medical evaluation. The Appeals Board found that there was no order subject to reconsideration and denied both the applicant's and defendant's petitions for removal.

WALTERS & WOLF GLASS; GALLAGHER BASSETT CORONA, CARLOS DEL CID, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARLOS DEL CID, Applicant,vs.WALTERS & WOLF GLASS; GALLAGHER BASSETT CORONA, Defendant(s).Case No. ADJ4398691 (SFO 0510049)OPINION AND ORDERS DISMISSING APPLICANT’S PETITION FOR RECONSIDERATION; DENYING APPLICANT’S PETITION FOR REMOVAL AND DENYING DEFENDANT’S PETITION FOR REMOVAL            Defendant seeks removal and applicant seeks reconsideration of the Findings and Orders issued August 3, 2009, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury to his cervical spine on June 15, 2007 and claims to have sustained injury to his thoracic spine. The industrial injury to his cervical spine caused temporary disability ending February 7, 2008. The WCJ specifically found that applicant’s “medical evaluation by the panel QME was not conducted at the medical office listed on the panel selection form.” In the Opinion on Decision, the WCJ cited the QME Panel Report of Jack Piasecki, M.D. noted that applicant had difficulty with English and a translator should have been present (Opinion on Decision page 2). Consequently, the medical reports of Jack Piasecki, M.D.were stricken from the record. Finally, the WCJ ordered that there will be “an Order for Selection of a Second Panel QME” if the parties are unable to select an agreed medical examiner or settle the case informally within 15 days.            Applicant contends that the WCJ erred by deferring the issue of applicant’s thoracic spine injury claim arguing: (1) that the expert opinion evidence of Efigenia Dominguez, D.C., constitutes substantial evidence of applicant’s thoracic and cervical spine injuries, permanent disability, and periods of temporary disability, consequently the WCJ should not defer those issues; , and (2) that Labor Code section 5815 requires the WCJ to rule on all issues and this record does not require further develo

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