Janelle Devenny vs. County Of Sonoma, Permissibly Self-insured, By York Insurance Services Group, Inc.,

In this case, the County of Sonoma sought removal and reconsideration of a decision by a workers compensation judge (WCJ) that there was no substantial medical evidence on the issue of whether the applicant, Janelle DeVenny, sustained an industrial injury to her back while employed as a juvenile correctional counselor. The WCJ had ordered the parties to confer concerning an Agreed Medical Examiner (AME) in either orthopedics or neurosurgery, and that absent agreement, the WCJ would request the Medical Unit to issue another panel of medical examiners. The WCJ's decision was not a final order because it did not finally resolve the issue of whether applicant sustained an industrial injury. The Workers' Compensation Appeals Board found merit in the defendant

County of Sonoma, Permissibly Self-Insured, by York Insurance Services Group, Inc., Janelle DeVenny WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJANELLE DEVENNY, Applicant,vs.COUNTY OF SONOMA, Permissibly Self-Insured, by YORK INSURANCE SERVICES GROUP, INC.,Case No. ADJ6624957OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, GRANTING PETITION FOR REMOVAL, ND DECISION AFTER RECONSIDERATION            Defendant seeks removal and reconsideration of the Findings and Order of May 20, 2010, in which the workers compensation judge (WCJ) found, in relevant pan, that there is no substantial medical evidence on the issue of whether applicant, while employed as a juvenile correctional counselor by the County of Sonoma during the cumulative period through October 13, 2008, sustained industrial injury to her hack. Pursuant to this finding, the WCJ ordered theparties to confer concerning an Agreed Medical Examiner (AME) in either orthopedics or neurosurgery, and tha* absent agreement, the WCJ would request the Medical Unit to issue another panel of medical examiners.            Defendant contends, in substance, that the WCJ’s decision is inconsistent with the principle that applicant has the burden of proof on the issue of industrial injury, that the WCJ exceeded his powers in ordering further development of the medical record, and that even if the record requires further development, the parties should be ordered to return to Dr. Xeller, the existing Panel | Qualified Medical Evaluator (PQME).Applicant filed an answer. ,             The WCJ submitted a Repon and Recommendation. We adopt and incorporate the “Introduction” and the “Facts” sections of the Report. We do not adopt or incorporate the remainder of the Report.            We will dismiss the petition for reconsideration because it is not taken from a final order. The WCJ’s decision is not a final order becaLse it docs not finally resolve a substantive issue, such as the issue of whether applican

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