Central Anesthesia Service; Employers Compensation Insurance Company Sharon Hironymous , Based on our review of the record and for the reasons stated herein, we will dismiss the Petition for Reconsideration. We will also grant removal, rescind the May 11, 2011 Finding and Order, and substitute an Order finding that applicant is not entitled to a replacement QME panel.FACTS As relevant here, applicant, while employed by defendant on August 18, 2008, sustained industrial injury to her left dominant thumb and thumb area, and claimed industrial injury to her left wrist and to her right thumb and wrist, including carpal tunnel syndrome. Defendant disputed injury to the right hand, wrist and upper extremity. The parties were not able to agree upon an agreed medical examiner (AME). On November 16, 2009, applicant’s counsel filed a request for a QME panel with the Division of Workers’ Compensation Medical Unit. The Medical Unit issued Panel #1109645. Applicant’s counsel struck David R. Johnson, M.D., from the list; defendant’s counsel struck Roy Pottenger, M.D. Joseph McCoy, M.D., was the remaining physician. On June 22, 2010, Dr. McCoy evaluated applicant, and on July 13, 2010, issued his report. On July 19, 2010, the report was served on all parties. On July 30, 2010, applicant completed a Qualified Medical Evaluator Complaint Form against Dr. McCoy regarding the June 22, 2010 evaluation. The matter proceeded to trial on February 3, 2011, including the issues of whether a replacement panel QME should be appointed and whether all issues should be deferred based on applicant’s objections to the reports of Dr. McCoy. Applicant testified that she received Dr. McCoy’s June 22, 2010 report on July 19, 2010. She also testified that Dr. McCoy was rude, belligerent, and hostile at the evaluation, and she felt that he discriminated against her based on her gender and her age. (Summary of Evidence, pp. 4-6.)
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