SUTTER GENERAL HOSPITAL; SUTTER HEALTH ELSIE PENA CLARK ROSAS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELSIE PENA CLARK ROSAS, Applicant,vs.SUTTER GENERAL HOSPITAL; SUTTER HEALTH, Defendants.Case Nos. ADJ8045455; ADJ8045600(Sacramento District Office)OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated May 24, 2012, wherein the workers’ compensation administrative law judge (WCJ) ordered: “PQME [panel qualified medical evaluator] issue re the ’06 injury is taken off calendar. Parties need to submit it to the Medical Unit.” Defendant contends that applicant is required to be evaluated for her 2006 injury by the same QME who has evaluated her for her 2007 injury. We have not received an answer from applicant. For the reasons set forth by the WCJ in his Report and Recommendation on Petition for Removal, which we adopt and incorporate herein, we deny the petition. We agree that where an employee has sustained two distinct injuries to two different body parts, an evaluation of the second injury is not a “new medical issue” within the meaning of Labor Code section 4062.3(j) or a “follow-up evaluation or a supplemental evaluation” within the meaning of Administrative Director Rule 31.7(a) (Cal. Code Regs., tit. 8, § 31.7(a)). In that circumstance, an applicant is entitled to a second panel of QMEs for the second injury.///////// , For the foregoing reasons, IT IS ORDERED that defendant’s Petition for Removal is DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________RONNIE G. CAPLANEI CONCUR,_______________________________________________ FRANK M. BRASS_______________________________________________ MARGUERITE SWEENEYDATED AND FILED AT SAN FRANCISCO, CALIFORNIA SEP 14, 2012SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURR
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