State Of California, Department Of Corrections; State Compensation Insurance Fund Patrick O’Reilly WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPATRICK O’REILLY, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND, Defendant.Case No. ADJ6498601OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, GRANTING REMOVAL AND DECISION AFTER REMOVAL Applicant seeks reconsideration of the Findings and Order issued by the workers’ compensation administrative law judge (WCJ) on May 17, 2010, wherein the WCJ found, based on the parties’ stipulations, that applicant, while employed as a clinical psychologist/fumiture mover on April 3, 2008, sustained industrial injury to his left knee. The WCJ also found that Brendan Morlcy, M.D., is not the panel qualified medical examiner (QME) in this case. In the Opinion on Decision, the WCJ found that applicant is liable for the cost of Dr. Mor ley’s report. Applicant contends the WCJ erred in finding that Dr. Morley is not the panel QME in this case and that applicant must bear the cost of the examination, arguing that the appointment with Dr. Morley is valid because it was scheduled in accordance with the Labor Code and pertinent regulations. We have considered the allegations of applicant’s petition and we have reviewed the entire record in this matter. Defendant filed an answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition for reconsideration be denied, and that removal be granted to study the issues in the ease. , For the reasons discussed below, we will dismiss applicant’s petition for reconsideration because it was not taken from a final order subject to reconsideration. However, because we find that the WCJ’s decision has subjected the applicant to significant prejudice, we will treat applicant’s petition for reconsideration as one for removal, rescind the M
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