MARIE CALLENDER’S and ESIS, INC. C/O ACE INSURANCE COMPANY KAREN GODDARD WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKAREN GODDARD, Applicant,vs.MARIE CALLENDER’S and ESIS, INC. C/O ACE INSURANCE COMPANY, Defendants.Case No. ADJ7587936(Oakland District Office)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTINGREMOVAL ON APPEALS BOARD MOTION AND DECISION AFTER REMOVAL Applicant Karen Goddard (applicant) seeks reconsideration of the Findings, Order, Opinion on Decision (F&O) issued in this case by the workers’ compensation administrative law judge (WCJ) on August 7, 2012.1 In that F&O, the WCJ struck the report of the Panel Qualified Medical Evaluator (PQME) because it did not indicate who performed diagnostic testing on applicant and so violated Labor Code2 section 4628 and ordered the parties to agree to an Agreed Medical Evaluator (AME), a replacement PQME, or an Independent Medical Evaluator (IME). Applicant contends that the WCJ erred because the report was clear that the PQME performed the testing himself, and that the WCJ had a duty to develop the medical record. We have received an answer from defendant Marie Callender’s c/o Esis (defendant). We have received a Report and Recommendation (Report) from the WCJ in response to the petition, which recommends denial of applicant’s petition. We have reviewed the record, considered the petition for reconsideration, the answer, and the contents of the Report. Based on our review of the record, we dismiss applicant’s petition as a petition 1 The attorneys are directed to Rule 10232, subdivision (4), which requires that all non-form legal pleadings contain a heading with the filing attorney’s name and California State Bar membership. (Cal. Code Regs., tit. 8, § 10232, subd. (4).)2 Unless otherwise stated, all statutory references are to the Labor Code. , for reconsideration, grant removal on our own motion, rescind the F&O, and return the matter to the WCJ fo
