PALMDALE WATER DISTRICT; ACWA JOINT POWERS AUTHORITY, DAWN DEANS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAWN DEANS, Applicant,vs.PALMDALE WATER DISTRICT;ACWA JOINT POWERS AUTHORITY, Defendant.Case No. ADJ834041 (VNO 0558606)OPINION AND ORDER GRANTING REMOVAL AND DECISION AFTER REMOVAL Defendant has filed a timely petition for removal, requesting that the appeals board rescind the letter dated November 24, 2008, wherein the workers’ compensation administrative law judge (WCJ) scheduled an appointment for applicant to be examined by Dr. Steven Sohn as “Court Appointed QME.” Defendant contends that the WCJ has no authority to appoint a “Court Appointed QME” because there have been no findings that Stipulations with Request for Award submitted by the parties are inadequate or that the medical report relied upon by the parties for the stipulations is not substantial evidence. Defendant also contends that it has not agreed to pay the cost of the examination, so that Labor Code section 5703.51 does not apply. We have not received Applicant, while employed as an executive secretary on October 1, 2007, sustained an industrial injury to her right wrist and right elbow. On May 12, 2008, she signed Stipulations with Request for Award, stipulating that her permanent disability was zero and that there was need for further medical treatment. It appears that the stipulations were based upon the medical report of treating physician Taha Ahmad, M.D., dated March 20, 2008. When the stipulations were submitted to the WCAB, the case was set for mandatory settlement conference (MSC) on the issue of adequacy and continued to trial. 1Unless otherwise specified, all statutory references are to the Labor Code. , At trial on October 22, 2008, stipulations and issues were recorded, and exhibits were admitted into evidence. There was no testimony. The WCJ noted in the Minutes that “it is the intention of this Court, due to the residuals complain
Dawn Deans, vs. Palmdale Water District; Acwa Joint Powers Authority,
In this case, Dawn Deans, an executive secretary, sustained an industrial injury to her right wrist and right elbow. The defendant, Palmdale Water District and ACWA Joint Powers Authority, filed a petition for removal, requesting that the appeals board rescind the letter dated November 24, 2008, wherein the workers' compensation administrative law judge (WCJ) scheduled an appointment for applicant to be examined by Dr. Steven Sohn as "Court Appointed QME." The appeals board granted the petition for removal and rescinded the letter, returning the case to the trial level for further proceedings. The appeals board found that there had been no formal finding that the stipulations were inadequate, no finding as to whether the report of the treating physician was substantial evidence
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ834041
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