PRAXAIR, INC.; OLD REPUBLIC INSURANCE COMPANY JOHNNY STEWART WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHNNY STEWART, Applicant,vs.PRAXAIR, INC.; OLD REPUBLIC INSURANCE COMPANY, Defendants.Case No. ADJ351684 (LAO 0887175) JOHNNY STEWART,OPINION AND ORDERS DISMISSING PETITION FORREMOVAL; GRANTING PETITION FOR RECONSIDERATION;AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of and, alternatively, requests removal from the October 11, 2011 Findings of Fact and Order issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found that applicant’s claim of injury to his bilateral upper extremities, spine and sleep on January 31, 2008 was timely denied by defendant and that the parties “participated in the AME/QME process.” In his Opinion on Decision, the WCJ stated that applicant was scheduled for panel QME appointments with Bruce Fishman, M.D., on June 2, 2009, October 12, 2009, and November 30, 2009. Applicant did not attend any of these appointments. On April 12, 2010, the WCJ ordered applicant to attend a May 18, 2010 panel QME appointment with Dr. Fishman. Again, applicant did not attend. The WCJ further noted in his Opinion on Decision, that on May 31, 2011, we granted defendant’s request for removal and that in our Opinion and Orders Dismissing Reconsideration, Granting Removal, and Decision After Reconsideration, we stated that: “In this matter, we are persuaded that defendant is significantly prejudiced by the WCJ’s March 7, 2011 Findings of Fact and Order. On this record, we find merit in defendant’s argument that the parties have already participated in the AME/QME process as required by section 4062.2. Applicant has missed four appointments with Dr. Fishman, including the May 18, 2010 appointment ordered by the WCJ, and he should be seen by the panel QME.” , Based on these findings, the WCJ ordered applicant to attend a panel QME appointment with Dr.Fishman within the next 60 days.
