Esther Garcia, vs. Antelope Valley Union High School District, Permissibly Self-insured; Scrma,

In the case of Esther Garcia vs. Antelope Valley Union High School District, the Workers' Compensation Appeals Board granted the Petition for Reconsideration and rescinded the Order issued September 1, 2009. The Board returned the matter to the trial level for further proceedings and a new decision by the Workers' Compensation Administrative Law Judge. The Board granted the Petition for Reconsideration due to the Applicant's due process right to challenge the admissibility of Exhibit Y.

ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT, permissibly self-insured; SCRMA, ESTHER GARCIA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAESTHER GARCIA, Applicant,vs.ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT, permissibly self-insured; SCRMA, Defendant(s).Case No. ADJ6550105OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the Order issued September 1, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered applicant “to select a MPN hand surgeon from Defendant’s MPN list” and ordered that Parviz Gladjie, M.D. was “the panel QME in this matter.” The WCJ further ordered the parties “to reach an agreement on his [Dr. Gladjie’s] use on all pending cases within 15 days, or request a court order compelling an evaluation in this case only.” All other issues were deferred.            Applicant contends that the WCJ erred: (1) by “deferring various issues without any reasonable justification”; (2) by failing to decide “the issue of earnings”; (3) by identifying Dr. Gladjie as the panel QME despite that doctor’s “conflict of interest pursuant to Labor Code section 139.2(o)”; (4) by failing to address applicant’s claim for a finding of industrial injury to “additional body parts pursuant to the medical opinion of the primary treating physician, Dr. Philip Sobol of October 6, 2008”; (5) by relying upon the testimony of defendant’s witness, Jan Medema, “at the time of trial on June 3, 2009”; (6) by failing to find a compensable industrial injury to the right thumb and right wrist; (7) by failing to find that applicant sustained a compensable cumulative trauma injury for the period of 1990 to September 8, 2008 “where the medical opinions of Dr. George Balfour and Dr. Philip Sobol are unrebutted”; (8) by failing to find that Philip Sobol, M.D. , was applicant’s primary treating physician; (9) by finding that defendant provided applicant with notice of the medic

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