Sacramento Bee/Mcclatchy Newspapers, Inc., Permissibly Self-Insured Michael Banks WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL BANKS, Applicant,vs.SACRAMENTO BEE/MCCLATCHY NEWSPAPERS, INC., Permissibly Self-Insured, Defendant.Case No. ADJ6885758OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, GRANTING REMOVAL, AND DECISION AFTER REMOVALDefendant seeks removal of this case to the Appeals Board or reconsideration of the April 28, 2010 Findings of Fact and Order of the workers’ compensation administrative law judge (WCJ) who found that “There is no good cause why the report of Nancy Bell Mahaney. Ph.D., should be provided to the ophthalmologic panel QME [Qualified Medical Examiner), Philip Edington, M.D.” and ordered that “The report of Dr. Mahaney shall not he provided to Dr. Edington.*’ In his Opinion on Decision, the WCJ further wrote that “Defendant shall provide a copy of this decision to Dr. Edington and ask him if he disagrees. If he docs, I request that he advise why. Defendant shall inform me of such response, and 1 will reconsider my Finding.” Defendant contends that the report of 3br. Mahaney is relevant to applicant’s claim of industrial injury to his eyes and should be provided to Dr. Edington consistent with the provisions of Labor Code section 4063.2.1 Applicant, who is representing himself, filed a response to defendant’s petition. Attached to applicant’s response arc numerous documents, which appear to be offered to show that the report of Dr. Mahaney contains erroneous information and should not be provided to Dr. Edington 1 Further statutory references are to the Labor Code. , for that reason. We dismiss defendant’s petition for reconsideration because the April 28, 2010 Order of the WCJ is not a final order that is subject to reconsideration. However, we grant removal and as our Decision After Removal rescind the April 28. 2010 decision of the WCJ because it is not consistent with section
Michael Banks vs. Sacramento Bee/mcclatchy Newspapers, Inc., Permissibly Self-insured
This case involves Sacramento Bee/McClatchy Newspapers, Inc., who is permissibly self-insured, and Michael Banks, the applicant. The case was heard by a workers' compensation administrative law judge who found that there was no good cause why the report of Nancy Bell Mahaney, Ph.D., should be provided to the ophthalmologic panel QME, Philip Edington, M.D. The defendant sought removal of the case to the Appeals Board or reconsideration of the April 28, 2010 Findings of Fact and Order of the WCJ. The Appeals Board dismissed the petition for reconsideration, granted removal, and rescinded the April 28, 2010 decision of the WCJ, finding that the report of Dr.
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- Court: California, San Francisco
- Case No. ADJ6885758
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