PHYSICIANS CLINICAL LABORATORY, INC.; CIGA, by its servicing facility CAMBRIDGE INTEGRATED SERVICES, for FREMONT INDEMNITY, in liquidation; UNILAB CORPORATION/ CNA STANDARD LINES, JACKIE MOORE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJACKIE MOORE, Applicant,vs.PHYSICIANS CLINICAL LABORATORY, INC.; CIGA, by its servicing facility CAMBRIDGE INTEGRATED SERVICES, for FREMONT INDEMNITY, in liquidation; UNILAB CORPORATION/ CNA STANDARD LINES, Defendant(s).Case No. ADJ4687404 (ANA 0322707)ADJ2693838 (ANA 0304712)ADJ4205056 (ANA 0322706)ADJ736471 (ANA 0308261)ADJ618165 (ANA 0342904)OPINION AND ORDER DENYING PETITION FOR REMOVAL Applicant has filed a timely petition for removal, requesting that the appeals board rescind the Order dated May 7, 2009, wherein the workers’ compensation administrative law judge (WCJ) appointed Fred Poordad, M.D., as “regular physician” pursuant to Labor Code section 5701.1 Applicant contends that the present medical record is sufficient to decide the issues pending in these cases on the merits and that the WCJ should be disqualified because she has failed to maintain a judicial demeanor and has lost objectivity in this case. We have received answers from defendants California Insurance Guarantee Association (CIGA) and CNA. Applicant, while employed as a phlebotomist by three different employers between 1993 and 1996, claims to have sustained industrial injuries resulting in hepatitis C. She was evaluated by Bruce Gillis, M.D., as agreed medical evaluator (AME). On October 20, 2008, the WCJ issued an Order [To] Further Develop Medical Records. She stated: “This Court finds Dr. Gillis’ opinion is internally inconsistent and not persuasive. This Court also finds that the variance in opinions of 1Unless otherwise specified, all statutory references are to the Labor Code. , other reporting doctors was so wide that further development of medical record was necessary in order to make findings.” She encouraged the part
Jackie Moore, vs. Physicians Clinical Laboratory, Inc.; Ciga, By Its Servicing Facility Cambridge Integrated Services, For Fremont Indemnity, In Liquidation; Unilab Corporation/ Cna Standard Lines,
This case involves a dispute between Jackie Moore, an applicant, and Physicians Clinical Laboratory, Inc., CIGA, by its servicing facility Cambridge Integrated Services, for Fremont Indemnity, in liquidation, and Unilab Corporation/ CNA Standard Lines, the defendants. Moore has filed a petition for removal, requesting that the Workers' Compensation Appeals Board rescind the Order dated May 7, 2009, wherein the Workers' Compensation Administrative Law Judge appointed Fred Poordad, M.D., as "regular physician" pursuant to Labor Code section 5701. The Board denied the petition for removal and found no evidence of actual bias or appearance of bias sufficient to warrant disqualification or recusal of the WCJ.
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ4687404
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