Jeanette La Porta, vs. State Compensation Insurance Fund, Permissibly Self-insured,

In this case, Jeanette La Porta is seeking workers' compensation for an industrial injury to her bilateral hands, shoulders, neck, mid-back, bilateral upper extremities, and upper chest wall, as well as depression and anxiety. The State Compensation Insurance Fund, Permissibly Self-Insured, is requesting a panel of qualified medical examiners or an independent medical examiner to evaluate La Porta's condition. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and amended the August 3, 2009 Order, rescinding paragraph one and affirming paragraph two. The matter was returned to the trial level for further proceedings and decision by the WCJ.

STATE COMPENSATION INSURANCE FUND, Permissibly Self-Insured, JEANETTE LA PORTA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJEANETTE LA PORTA, Applicant,vs.STATE COMPENSATION INSURANCE FUND, Permissibly Self-Insured, Defendant(s).Case No. ADJ916057 (SAC 0345461)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of or, in the alternative, requests removal from the August 3, 2009 Order wherein the workers’ compensation administrative law judge (WCJ) ordered that defendant “shall not be entitled to a panel in the expertise of orthopedics to evaluate applicant’s condition.” This matter involves applicant’s admitted industrial injury to her bilateral hands and her claim of injury to her shoulders, neck, n-mid back, bilateral upper extremities, and upper chest wall and in the form of depression and anxiety while employed as a claims adjuster during the period through October 2, 2002. Applicant represents herself in these proceedings. On April 17, 2009, defendant filed a “Petition to Order Issuance of Panel of Qualified Medical Examiners, or, in the Alternative, to Appoint an IME Pursuant to Tyler/McCune [sic].” Defendant’s request was considered at a hearing on July 28, 2009 and resulted in the WCJ’s decision from which defendant seeks reconsideration herein.            Defendant contends that the WCJ should have granted its petition requesting a new panel QME or WME. Defendant argues that applicant suffers from TAR syndrome1 and that applicant’s primary treating physician and panel QME are both chiropractors with limited knowledge about 1Referring to Thrombocytopenia-absent radius (TAR) syndrome. , applicant’s condition and its effect on a determination of causation of permanent disability and her prognosis.            Applicant did not file an answer. However, the WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration.      

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