New Way Services, Inc.; Seabright Orange, administered by Enstart Administrators, Laquise Pierson, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALAQUISE PIERSON,Applicant,vs.NEW WAY SERVICES, INC.; SEABRIGHT ORANGE, administered by ENST ART ADMINISTRATORS,Defendants.Case No. ADJ9196638(Oakland District Office)OPINION AND ORDER DENYING PETITION FOR REMOVAL Applicant Laquise Pierson seeks removal in response to the order setting trial on April 28, 2017 and closing discovery as of February 27, 2017, the date of the pre-trial conference, issued by the workers’ compensation administrative law judge (WCJ) on February 27, 2017. Applicant contends that trial is premature because discovery is not complete. Specifically, applicant contends that she is scheduled for a surgical consultation for her industrial right knee injury on March 3, 2017, is scheduled for a re-evaluation with Panel Qualified Medical Evaluator (PQME) Robert Ferretti on June 5, 2017, petitioned for an additional PQME in internal medicine, and applicant’s primary treating physician, Dr. Kasra Amirdelfan opined that applicant is not maximum medically improved (MMI) on her January 24, 2017 report. In addition, applicant contends that the current incomplete medical record prevents her from obtaining a vocational opinion on applicant’s total permanent disability. We received an Answer from defendant. Defendant contends that the WCJ acted within her sound discretion in setting the case for trial as applicant was declared permanent and stationary on her orthopedic and psychiatric claims. Defendant specifically contends that Dr. Ferretti issued final permanent and stationary reports addressing all body parts at issue, including the right knee, on May 12, 2014, with supplemental reports dated February 6, 2015, April 28, 2015, July 11, 2016, and September 3, 2016. Defendant further contends that applicant’s petition for an additional PQME in internal medicine , was denied a
Laquise Pierson, vs. New Way Services, Inc.; Seabright Orange, Administered By Enstart Administrators,
In this case, Laquise Pierson sought removal in response to an order setting trial and closing discovery issued by the workers' compensation administrative law judge. The Workers' Compensation Appeals Board denied the petition for removal, finding that Pierson had not demonstrated substantial prejudice or irreparable harm from the order, and that reconsideration would be an adequate remedy if a final decision adverse to the applicant ultimately issued.
- Filed On:
- Court: California, Oakland
- Case No. ADJ9196638
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