Jaime O. Hernandez, vs. Advantage Ground Transportation; State Compensation Insurance Fund,

This case involves a dispute between Advantage Ground Transportation and the State Compensation Insurance Fund over an order granting permission to select a qualified medical examiner. The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinded the order, and returned the matter to the trial level for further proceedings. The petition for reconsideration was dismissed as it was not a final order.

ADVANTAGE GROUND TRANSPORTATION; STATE COMPENSATION INSURANCE FUND, JAIME O. HERNANDEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAIME O. HERNANDEZ, Applicant,vs.ADVANTAGE GROUND TRANSPORTATION; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ608253 (ANA 0404124)OPINION AND ORDERS DISMISSING PETITION FOR, RECONSIDERATION, GRANTING PETITION FOR REMOVAL, AND DECISION AFTER REMOVAL            On March 9, 2009, we granted defendant’s petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration.            On January 6, 2009, defendant simultaneously filed a petition for reconsideration and a petition for removal, claiming to be aggrieved by the Order Granting Permission to Select a Qualified Medical Examiner dated December 18, 2008, wherein the workers’ compensation administrative law judge (WCJ) stated: “The parties are hereby granted permission to select their own Qualified Medical Exarmners for the above captioned case to avoid further delay in the resolution of this matter.” In both petitions, defendant contends that the WCJ’s Order violates Labor Code section 4062.2.1 Applicant has filed an answer.            There is no record in this case. It appears that applicant requested a panel of qualified medical evaluators (QMEs) from the Medical Unit of the Division of Workers’ Compensation pursuant to section 4062.2 on November 12, 2008. On December 17, 2008, he wrote to the WC! stating that it had been thirty-six days since his request, that the Medical Unit had failed to issue a panel, and that he requested an order granting permission for the parties to select their own QMEs. 1Unless otherwise indicated, all statutory references are to the Labor Code. , The WCJ issued the Order on December 18, 2008.            Section 4062.1(b), which applies to employees who are not represented by attorneys, provides that the parties may request “

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