KAISER FOUNDATION HOSPITALS; KAISER PERMANENTE MEDICAL CARE PROGRAM PEGGY ALEXANDER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPEGGY ALEXANDER, Applicant,vs.KAISER FOUNDATION HOSPITALS; KAISER PERMANENTEMEDICAL CARE PROGRAM, Defendant(s).Case No. ADJ7817182(Marina del Rey District Office)OPINION AND ORDERS REQUESTING RESPONSES ANDNOTICE OF INTENTION RE: SANCTIONS Defendant Kaiser Foundation Hospital/Kaiser Permanente Medical Care Program (defendant) sought reconsideration, or in the alternative removal, of an Order issued in this case by the workers’ compensation administrative law judge (WCJ) on December 8, 2011. In that Order, the WCJ set the matter for trial on February 7, 2012 on the issue of injury arising out of and in the course of employment (AOE/COE). Defendant contended that the Order should be set aside because defendant had made requests to the Division of Workers’ Compensation (DWC) Medical Unit for two Qualified Medical Examiner (QME) panels pursuant to Labor Code1 section 4062.2, defendant had not received the panels in response to its requests, and that therefore, defendant did not have medical evidence to present at trial. It has now come to our attention that those QME panels were issued on December 19, 2011. Defendant filed its petition on December 15, 2011. Hence, the QME panels were issued while the case was pending before us, and before we issued our order granting removal on February 10, 2012. On February 7, 2012, defendant’s attorney Yevgenia Boksar and applicant’s attorney Melanie Sherman appeared for the scheduled hearing, and the WCJ took the matter off calendar because a petition for reconsideration had been filed and she had no jurisdiction to hear the matter. Although appearances 1 All statutory references are to the Labor Code, unless otherwise stated. , for each of the parties are hand-written on the minutes, there is no indication in the minutes that counsel for either party notified the W
