Paesano’s Restaurant; Zurich North Insurance Crystal Matthies WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACRYSTAL MATTHIES, Applicant,vs.PAESANO’S RESTAURANT; ZURICHNORTH INSURANCE, Defendants.Case No. ADJ8440730 (Sacramento District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION On November 29, 2012, the workers’ compensation administrative law judge (WCJ) issued a Findings and Award, awarding temporary disability indemnity at the rate of $174.49 per week from September 30, 2011, to the present and continuing, less credit for amounts previously paid, and ordering the Division of Workers’ Compensation Medical Unit to issue a new Qualified Medical Examiner (QME) panel in the field of chiropractic. Defendant filed a timely, verified Petition for Reconsideration. Defendant contends that there has been a violation of due process; that it has not violated Labor Code section 4062.31; and that ‘the award of temporary disability indemnity is not supported by substantial evidence. Applicant has filed an Answer. Applicant, while employed as a server on September 23, 2011, sustained an industrial injury to her back and claims to have sustained injury to her neck and hips.2 On November 29, 2011, while she was not represented by an attorney, she was examined by Perry J. Carpenter, D.C., as QME pursuant to section 4062.1.3 Dr. Carpenter concluded that applicant was temporarily totally disabled as of September 30, 2011 (report dated December 22, 2011, page 40 [Exhibit D]). 1 Unless otherwise specified, all statutory references are to the Labor Code.2 She has recently filed an Amended Application for Adjudication of Claim, alleging injury to additional body parts.3 There is nothing in the record as to which party requested the QME panel or for what reason. , Prior to the QME evaluation, Gina Anchante, claims adjuster, sent a letter dated November 10, 2011, to the QME, with a copy to applicant, outl
