CEMEX; COMMERCE & INDUSTRY INSURANCE COMPANY administered by CHARTIS CLAIMS INC. THOMAS DACK WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATHOMAS DACK, Applicant,vs.CEMEX; COMMERCE & INDUSTRY INSURANCE COMPANYadministered by CHARTIS CLAIMS INC., Defendants.Case No. ADJ7271031(Los Angeles District Office)OPINION AND NOTICE OF INTENTION TO GRANTPETITION TO COMPEL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board reverse the Order dated July 25, 2012, wherein the workers’ compensation administrative law judge (WCJ) denied defendant’s Petition to Compel Attendance at Panel QME Examination, dated May 24, 2012. Defendant contends that applicant did not participate in the qualified medical evaluator (QME) process as set forth in Labor Code section 4062.2; that he did not appear at examination by a QME chosen through that process; and that he must be ordered to attend the QME examination. Applicant has not filed an Answer. Applicant, while employed as a loader operator from November 16, 2008, through November 16, 2009, claims to have sustained an industrial injury to his right hip, knees, lower back, neck, high blood pressure and headaches. It appears that the injury is denied. After the original QME was unable to schedule a timely follow-up examination, defendant requested and received a new panel of QMEs. On March 14, 2012, defendant struck Dr. Baldwin. Applicant did not strike. Defendant arranged an examination with Dr. Gjerdrum, one of the remaining QMEs. On April 9, 2012, applicant’s attorney’s legal secretary wrote to defense counsel. She objected to the issuance of a panel in orthopedic medicine and stated that “applicant will not attend any Panel QME evaluation from the orthopedic Panel until this matter is fully litigated in court.” She also attempted to , strike Dr. Gjerdrum from the panel.1 Defendant filed its Petition to Compel. There is no indication in the Electronic Adjud
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