City Park; Amtrust Jose Rodriguez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE RODRIGUEZ, Applicant, vs. CITY PARK; AMTRUST, Defendants.Case No. ADJ7969059 (Oakland District Office)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Applicant seeks reconsideration of the Findings of Fact issued October 17, 2012 wherein the workers’ compensation administrative law judge (WCJ) found that “Panel No. 1362978 is the validly selected QME Panel in this case” and that “Bruce Ellison, M.D., is the Panel Qualified Medical Evaluator.” Applicant contends that the WCJ erred by finding that Dr. Ellison was selected as PQME arguing: 1) That the PQME was invalid because the request for PQME did not comply with the requirements of Labor Code sections 4061, 4062 and Cal. Code of Regs., tit. 8, section 30(b); and 2) That defense counsel failed to attach an AME letter to the PQME request and therefore the request was invalid. Defendant filed an Answer. Based upon our review of the record, and for the reasons set forth herein, we will dismiss applicant’s Petition for Reconsideration because there is no final order which is subject to reconsideration at this time. Furthermore, treating the petition as a petition for removal, we will deny removal. At the outset, we note that reconsideration may be had only of a final order, decision, or award. (Lab. Code, § 5900.) The WCJ’s Findings of Fact identifying Bruce Ellison, M.D. as the Panel Qualified Medical Evaluator does not constitute a final order within the meaning of section 5900. An order which does not dispose of the substantive rights and liabilities of those involved in a case, is not a final order. (2 California Workers’ Compensation Practice (4th Ed. Cal CEB) June 2011, §§ 21.8-21.9, pp. 1678- , 1680.) A “final” order has been defined as one which determines any substantive right or liability ofthose involved in the case. (Maranian
Jose Rodriguez vs. City Park; Amtrust
In this case, Jose Rodriguez sought reconsideration of the Findings of Fact issued October 17, 2012 wherein the workers' compensation administrative law judge (WCJ) found that "Panel No. 1362978 is the validly selected QME Panel in this case" and that "Bruce Ellison, M.D., is the Panel Qualified Medical Evaluator." The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration and denied the Petition for Removal, finding that there was no final order which is subject to reconsideration and that the petitioner had failed to establish that the order, decision or action would result in significant prejudice or irreparable harm.
- Filed On:
- Court: California, Oakland
- Case No. ADJ7969059
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