COUNTY OF LOS ANGELES/PROBATION DEPARTMENT; Permissibly Self-Insured, Administered by AIMS, KAREN L. MORAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKAREN L. MORAN, Applicant,vs.COUNTY OF LOS ANGELES/PROBATION DEPARTMENT; Permissibly Self-Insured, Administered by AIMS, Defendant(s).Case Nos. ADJ3601217 (VN00423469)ADJ4395518 (VN00423468)ADJ736425 (VN00435581)ADJ278535 (VN00465332)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATIONAND DENYING PETITION FOR REMOVAL Applicant seeks removal of the duplicate Orders Compelling the Applicant’s Attendance, issued March 24, 2009, wherein the workers’ compensation administrative law judges (WCJs’) each issued duplicate orders compelling the applicant’s attendance at a defense orthopedic qualified medical examination (QME). In a Report and Recommendation on Petition for Reconsideration (Report), signed by both WCJs, it was noted that this matter had been taken off calendar at a Mandatory Settlement Conference so that the parties could enter into settlement negotiations. Neither party objected to taking the matter off calendar for that purpose and, when negotiations were not fruitful, defendant scheduled a QME appointment for March 5, 2009. Asserting that discovery was closed, applicant’s counsel cancelled the appointment. The WCJs concluded the Report with the observation at page 2: “If there had been an objection to going off calendar asserted by the Applicant’s attorney, it is highly probable that issues and stipulations for trial would have been framed and the case set for trial. Had the case been set for trial, no further medical reports would have been admissible. Discovery remains open due to Applicant’s agreement to take the case off calendar without a specific stipulation or order to the effect that discovery was closed at that point.” , Applicant contends that the WCJs erred by ordering that applicant must submit to
Karen L. Moran, vs. County Of Los Angeles/probation Department; Permissibly Self-insured, Administered By Aims,
This case involves an applicant seeking removal of duplicate orders compelling the applicant's attendance at a defense orthopedic qualified medical examination (QME). The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration and denied the Petition for Removal, finding that there was no final order subject to reconsideration and that the case did not present extraordinary circumstances justifying removal.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ3601217
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