American Medical Response and ACE American Insurance, Adjusted by Sedgwick Claims Management Services Jessica Reynolds WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESSICA REYNOLDS, Applicant,vs.AMERICAN MEDICAL RESPONSE and ACE AMERICAN INSURANCE, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants.Case No. ADJ3501807 (SRO 0141934)OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board reverse the Order dated July 18, 2011, wherein the workers’ compensation administrative law judge (WCJ) denied defendant’s Petition for Replacement Panel QME [Qualified Medical Evaluator]. Defendant contends that Robert Levine, M.D., a QME chosen from a three-doctor panel pursuant to Labor Code section 4062.2,1 should be replaced because Dr. Levine has scheduled applicant to be examined at an address not listed on the panel selection form, in violation of Administrative Director Rule 34(b) (Cal. Code Regs., tit. 8, § 34(b))2 and that defendant made timely objection to the proposed address. We have not received an answer from applicant. After review of the record herein, we deny the petition. Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v. Workers’ Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 600, fn. 5 [71 Cal.Comp.Cases 155, 157, fn, 5]; Kleemann v. Workers’ Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 281, fn. 2 [70 Cal.Comp.Cases 133, 136, fn. 2].) The Appeals Board will grant 1 Unless otherwise specified, all statutory references are to the Labor Code. 2 AD Rule 34(b) provides: “The QME shall schedule an appointment for a comprehensive medical-legal examination which shall be conducted only at the medical office listed on the panel selection form. However, upon written request by the injured worker and only for his or her convenience, the evaluation appointment may be moved to another medical offi
Jessica Reynolds vs. American Medical Response And Ace American Insurance, Adjusted By Sedgwick Claims Management Services
In this case, Jessica Reynolds was appealing a decision by the workers' compensation administrative law judge (WCJ) to deny the defendant's Petition for Replacement Panel QME. The defendant had requested that the Appeals Board reverse the Order and replace the QME chosen from a three-doctor panel. The Appeals Board denied the petition, finding that the defendant had not met the standards for removal and that the objection to the location of the QME examination was an attempt at 'doctor shopping'.
- Filed On:
- Court: California, Santa Rosa
- Case No. ADJ3501807
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