Josephine Stoffel, vs. Albertsons, Inc.; Permissibly Self-insured, Administered By Specialty Risk Services,

In this case, Josephine Stoffel, an applicant, sought reconsideration of the Findings of Fact issued by a workers' compensation administrative law judge (WCJ) on October 1, 2009, in which the WCJ found that the defendant's request for a new panel QME was denied and that the defendant was allowed to select its own QME. The WCJ's decision was unclear and the evidence he relied on was not identified, so the Workers' Compensation Appeals Board granted the Petition for Reconsideration and rescinded the WCJ's decision, returning the matter to the hearing level for further proceedings and a decision by the WCJ consistent with the decision.

ALBERTSONS, INC.; Permissibly Self-Insured, Administered By SPECIALTY RISK SERVICES, JOSEPHINE STOFFEL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEPHINE STOFFEL, Applicant,vs.AND DECISION AFTER ALBERTSONS, INC.; Permissibly Self-Insured, Administered By SPECIALTY RISK SERVICES, Defendant(s).Case No. ADJ4078103 (GOL 0098402)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTERRECONSIDERATION            Applicant seeks reconsideration of the Findings of Fact issued by a workers’ compensation administrative law judge (WCJ) on October 1, 2009, in which the WCJ found that “[d]efendant’s request for a new panel QME’11 is denied” and that “[d]efendant is allowed to select its own QME.” (Footnote added.) Applicant’s underlying claim is for an admitted industrial injury to her bilateral wrists and hands while employed as a service deli clerk on March 12, 2004.            In her Petition for Reconsideration, applicant contends that the WCJ erred in finding that Michael Behrman, M.D., would remain as the panel QME and that defendant could also choose its own QME as they are legally incompatible findings. Applicant argues that since Labor Code section 4067 does not apply to allow a change of QMEs in this matter, there can be no situations where both a panel QME and a separate defense QME perform medical-legal evaluations of applicant. Defendant filed an Answer contending that Labor Code section 4062.2 cannot apply here based on applicant’s date of injury (which is prior to January 1, 2005), and that former Labor Code section 4062 (before amendment by Senate Bill 899 (SB 899)) applies and provides the procedure for obtaining comprehensive medical-legal reports as applicant is represented by an attorney. Defendant also argues that Labor Code section 4062.1 limits applicant in selection 1Qualified Medical Evaluator , of a QME, as she was unrepresented at the time she selected the panel QME.            We have considered the allegations of appli

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