Burg & Brock; Employers Compensation Co. Mansoureh Azimzadeh WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMANSOUREH AZIMZADEH, Applicant,vs.BURG & BROCK; EMPLOYERSCOMPENSATION CO., Defendants.Case No. ADJ7294109 (Van Nuys District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR REMOVAL; DECISION AFTER REMOVAL Applicant petitions for reconsideration or removal of the March 15, 2012 Findings and Order. In that decision, the workers’ compensation administrative law judge (WCJ) found that the reports from panel qualified medical examiner (PQME) Dr. Harris did not constitute substantial medical evidence, stated that the Medical Unit would be ordered to issue a new panel, and ordered the parties to “develop discovery” in accordance with Labor Code section 4062.2. Applicant contends that the PQME reports constitute substantial medical evidence and should not have been stricken. Applicant further contends that any deficiencies in the reports could be cured by further discovery and that defendant waived any objection to having Dr. Harris as the PQME. Applicant also argues that she has moved out of state and would be prejudiced by being forced to return to California for another PQME evaluation. We have considered the Petition for Reconsideration/Removal and defendant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Removal, or in the Alternative, Petition for Reconsideration (Report) recommending that we deny the Petition. For the reasons set forth below, we will dismiss the Petition for Reconsideration, grant removal, rescind the March 15, 2013 Findings and Order and issue a new decision with the same findings but without the order concerning a new panel. We will also rescind the Finding and Order (Replacement , QME) dated March 15, 2013 in which a replacement QME panel was ordered. We note initi
Mansoureh Azimzadeh vs. Burg & Brock; Employers Compensation Co.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ7294109
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.