Brad Nyman DBA Live Oak Dairy; Zenith Insurance Company Luis Rodriguez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALUIS RODRIGUEZ, Applicant,vs.BRAD NYMAN DBA LIVE OAK DAIRY ZENITH INSURANCE COMPANY, DefendantsCase No. ADJI1350784OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks removal, or in the alternative, reconsideration of the Findings of Fact, Orders and Opinion on Decision (F&O) issued by the workers’ compensation administrative law judge (WCJ) on October 16. 2019.1 By the F&O. the WCJ found in relevant part that applicant sustained injury arising out of and in the course of employment (AOE/COE) to his right shoulder. The WCJ also found that applicant waived his right to a replacement panel as he accepted an appointment with the panel qualified medical evaluator (QME) no more than 90 days after the date of his initial appointment request. Applicant’s request for a replacement panel was ordered denied. Applicant contends that he did not waive his right to a replacement panel request and the WCJ denied his rightio due process. We received an answer from defendant. The WCJ issued a Report and Recommendation on Petition for Removal (Report) recommending that wc deny removal. We have considered the allegations of applicant’s Petition for Removal Reconsideration, defendant’s answer and the contents of the WCJ’s Report with respect thereto. Based on our review of the record and for the reasons discussed below, we will deny applicant’s Petition as one seeking reconsideration. 1 The F&O is timed October 15, 2019, bul was not served until October 16,2019. , FACTUAL BACKGROUND Applicant claims injury to the right shoulder, head, headaches, right eye, right upper extremity, back, spine, right lower extremity and psyche on January 13, 2018 while employed as a milker dairy hand by Live Oak Dairy. On April 11,2019, a QME panel in orthopedic surgery issued in response to defend
Menu
