Cathy Hawkins, vs. Sutter Health Corportion dba) Sutter Tracy Community As , Hospital, Permissibly Self-insured And adjusted By Sutter Health Workers’compensation,

In this case, Sutter Health Corporation dba Sutter Tracy Community Hospital, permissibly self-insured and adjusted by Sutter Health Workers' Compensation, appealed a ruling by the Workers' Compensation Judge that a new panel of Qualified Medical Evaluators (QMEs) must be initiated. The Appeals Board dismissed the petition for reconsideration and designated it as a petition for removal, granting the petition for removal and reversing the WCJ's ruling. The Appeals Board found that the WCJ's ruling was unfounded and would result in significant prejudice or irreparable harm in resolving the underlying medical issues. The Appeals Board ordered that the QME, Dr. Choi, remain as the panel QME and that none of his reports may be stricken based

SUTTER HEALTH CORPORTION dba) SUTTER TRACY COMMUNITY AS , HOSPITAL, permissibly self-insured and adjusted by SUTTER HEALTH WORKERS’COMPENSATION, CATHY HAWKINS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACATHY HAWKINS, Applicant,vsSUTTER HEALTH CORPORTION dba) SUTTER TRACY COMMUNITY AS , HOSPITAL, permissibly self-insured and adjusted by SUTTER HEALTH WORKERS’COMPENSATION, Defendant(s).Case Nos. ADJ1692556 (STIK 0207020)ADJ2977889 (STK 0208240)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, DESIGNATING PETITION FOR RECONSIDERATIONAS PETITION FOR REMOVAL, GRANTING PETITION FOR REMOVAL, AND DECISION COMPENSATION, AFTER REMOVAL            Defendant seeks reconsideration of the Finding and Order of May 18, 2009, in which the workers’ compensation judge (WCJ) found that applicant’s examination by Dr. Choi, the panel Qualified Medical Evaluator (QME), was not set within 60 days of the time a call was made for an appointment, justifying issuance of an order to the Medical Director, Division of Workers’ Compensation, to appoint an additional QME panel in the appropriate specialty and within a reasonable geographic area of applicant’s residence. In addition, the WCJ ordered that within 10 days of the panel assignment, the parties must confer and attempt to agree on a medical evaluator from the panel, that absent agreement, each party may strike one name from the panel and the remaining name shall serve as the QME, and that, upon failure of one of the parties to strike a name from the panel within three working days of gaining the right to do so, the other party may select any physician who remains on the panel to serve as the QME.            Defendant contends, in substance, that applicant is not entitled to a new panel QME because she waived the 60-day time limit by failing to raise it earlier.            It appears that applicant did not file an answer./// ,             The WCJ submitted a Report and Recommendation. We do not adopt or incorporate

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