Lawrence Livermore National Laboratory and Chartis Insurance Glenn Carroll WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGLENN CARROLL, Applicant,vs.LAWRENCE LIVERMORE NATIONAL LABORATORY and CHARTIS INSURANCE, Defendants.Case No. ADJ7729335OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Defendant seeks “reconsideration or in the alternative removal”, of the “Finding and Order Re: Second QME Panel (Represented Case)”, issued June 8, 2011, wherein the workers’ compensation administrative law judge (WCJ) found that “the medical record in this case requires further development on the disputed issue of psyche and internal medicine; and a supplemental report or the deposition testimony of panel QME, Dr. David Ealsey, will not sufficiently develop the record and he is unavailable.”. The WCJ ordered a new “QME panel in the specialty of MMM and PSY.” Applicant filed an answer. Based upon our review of the record, and for the reasons set forth herein, we will dismiss defendant’s Petition for Reconsideration, because there is no final order subject to reconsideration, and, treating the petition as a Petition for Removal, we dens, defendant’s Petition for Removal. At the outset, we note that reconsideration may be had only of a final order, decision, or award. (Lab. Code, § 5900.) The WCJ’s Finding and Order Re: Second QME Panel, issued June 8, 2011, ordering further development of the record by issuing a new QME Panel regarding “psyche and internal medicine”, does not constitute a final order within the meaning of Section 5900. An order which does not dispose of the substantive rights and liabilities of those involved in a case, is not a final order. (2 California Workers’ Compensation Practice, Cal. CEB 4th Ed., June 2010, §§ 21.8 – 21.9. pp. 1678 – 1680.) A “final” order has been defined as one which determines any substantive right or liability of , those involved in the case. (Maranian
Glenn Carroll vs. Lawrence Livermore National Laboratory And Chartis Insurance
This case involves a dispute between Glenn Carroll and Lawrence Livermore National Laboratory and Chartis Insurance regarding a workers' compensation claim. The workers' compensation administrative law judge (WCJ) found that the medical record in the case required further development on the disputed issue of psyche and internal medicine and ordered a new QME panel in the specialty of MMM and PSY. The defendants sought reconsideration or removal of the WCJ's order, but the Workers' Compensation Appeals Board dismissed the petition for reconsideration and denied the petition for removal, finding that there was no final order subject to reconsideration and that the defendants had failed to establish that the order would result in significant prejudice or irreparable harm.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ7729335
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