Costco Wholesale, permissibly self-insured Nelly Romero WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACase No. OAK 0328271NELLY ROMERO, Applicant,vs.COSTCO WHOLESALE, permissibly self-insured, Defendant. OPINION AND ORDER DENYING REMOVAL Defendant seeks removal to the Appeals Board from the Order issued by the workers’ compensation administrative law judge (WCJ) on October 2, 2006. In that order, the WCJ found that applicant sustained an admitted industrial injury to her neck and upper extremities while employed by defendant as a cashier during a period through September 4, 2005. In relevant part, the WCJ further found that the prior qualified medical evaluator (QME) panel, which consisted of three medical doctors and was issued by the Division of Workers’ Compensation’s Medical Unit (medical unit) while applicant was not represented by an attorney, has become inappropriate to resolve the parties’ dispute over medical treatment recommended by applicant’s treating physician because applicant, now represented by an attorney, wants to select from a new QME panel consisting of chiropractors. Accordingly, the WCJ ordered the medical unit to issue a new QME panel, comprised of three chiropractors. Defendant contends that the WCJ erred in ordering a new panel to be issued and, instead, that applicant should be evaluated by the QME, Peter Salamon, M.D., an orthopedic surgeon, that defendant selected from the prior panel. Defendant argues that it properly followed the procedure set forth in Labor Code sections 4062 and 4062.11 for obtaining a panel QME while applicant was not represented by an attorney and that applicant is not entitled to a new QME panel now that she 1 All further statutory references are to the Labor Code. , is represented by an attorney. Applicant filed an answer to defendant’s petition for removal.I. We have considered the allegations raised in defendant’s petition and applicant’s answer thereto, as
