CLIFFORD SCHNEIDER vs. COUNTY OF SAN BERNARDINO, Permissibly Self-Insured

In this case, Clifford Schneider, an animal control officer, claimed to have sustained an industrial injury to his low back, bladder and bowel. After the parties failed to agree on an agreed medical evaluator, the Medical Director issued a panel of QMEs. Schneider struck one name from the panel and advised the defendant by fax. The defendant sent a letter objecting to the selection of Dr. Jon Kelly as the Panel Qualified Medical Examiner, but did not strike him from the panel. Dr. Kelly issued a report and the defendant filed a Petition to Strike the report. The Appeals Board denied the petition, finding that the defendant's objection to Dr. Kelly as QME was untimely and that the issue of payment to Dr

COUNTY OF SAN BERNARDINO, Permissibly Self-Insured CLIFFORD SCHNEIDER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACLIFFORD SCHNEIDER, Applicant,vs.COUNTY OF SAN BERNARDINO, Permissibly Self-Insured, Defendant.Case No. ADJ6676747(San Bernardino District Office)OPINION AND ORDER DENYING PETITION FOR REMOVAL            Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board reverse the Findings & Order dated August 11, 2011, wherein the workers’ compensation administrative law judge (WCJ) denied defendant’s Petition to Strike the report of Jon P. Kelly, M.D., the panel qualified medical evaluator (QME), dated March 25, 2010, and ordered the parties to obtain a supplemental report from Dr. Kelly. Defendant contends that it “properly objected” to Dr. Kelly as panel QME; that Dr. Kelly refused to submit to deposition; and that his report dated March 10, 2010, should be stricken. Applicant has filed an Answer.            Applicant, while employed as an animal control officer from January 1985 through July 2008, claims to have sustained an industrial injury to his low back, bladder and bowel. After the parties failed to agree on an agreed medical evaluator, the Medical Director issued a panel of QMEs on December 21, 2009. On December 24, 2009, applicant struck one name from the panel and advised defendant by fax. On December 31, 2009, having received no response from defendant, applicant arranged an appointment with another member of the panel, Dr. Kelly. On January 6, 2010, defendant sent a letter to applicant’s attorney stating: “Thank you very much for your December 31, 2009, correspondence. Please note that we object to the selection of Dr. Jon Kelly as the Panel Qualified Medical Examiner in this matter pursuant to Labor Code §4062.2.”/// ,             Dr. Kelly issued a report dated March 25, 2010. On May 17, 2010, applicant filed a Declaration of Readiness to Proceed (DOR) requesting a rating mandatory settlement co

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