Sheri Cosby vs. M. E. Fox & Co.; Acclamation Insurance Management Systems [Aims]

M. E. Fox & Co.; Acclamation Insurance Management Systems [Aims] Sheri Cosby WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHERI COSBY, Applicant,vs.    M. E. FOX & CO.; ACCLAMATION INSURANCE MANAGEMENT SYSTEMS [AIMS], Defendant(s).Case No. SJO 0258370; SJO 0258371; SJO 0264287OPINION AND ORDERDISMISSING PETITIONFOR RECONSIDERATION,GRANTING REMOVAL ONMOTION OF APPEALS BOARD,AND DECISION AFTERREMOVAL            Applicant seeks reconsideration of the October 22, 2007 “Order Denying Petition to Withdraw from QME [Qualified Medical Examiner]” wherein the workers’ compensation administrative law judge (WCJ) denied applicant’s petition to “withdraw from the QME” on the grounds that applicant waived her right to present such a petition by not filing it in a timely fashion after she learned that the defendant had provided the QME with non-medical information following her examination by the QME. On April 19,2006, applicant filed two Applications for Adjudication of Claim alleging that while working as a Customer Service Representative for the employer: 1) on April 19,2004, she incurred industrial injury to her right shoulder, and neck (SJO 0258370), and 2) during the cumulative trauma period from March 2, 1998 to November 29, 2005, she incurred industrial injury to both shoulders, both upper extremities and psyche (SJO 0258371). A later Application for Adjudication of Claim filed on July 12, 2007, alleges injury on September 1, 2002 to the neck and left side (SJO 0264287).            When contends that the WCJ erred in dismissing her petition to “withdraw” from the QME she selected before she obtained an attorney because there is no statutory time limit on when such a petition may be filed and defendant’s contact with the QME was contrary to the provisions , of Labor Code section 4062.3 and otherwise improper.1            An answer was received from defendant.            We dismiss the petition for reconsideration because the WCJ’s October 22, 2007 decision is no

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.