Winston Rockefeller (Dec’d) / Suzanna Rockefeller (Dependent), / Erika Oswald (Dependent) vs. State Of California, Department Of Corrections Northern Transportation HUBQ-Administration; Legally Uninsured; Administered By State Compensation Insurance Fund

This case involves a dispute between the State of California, Department of Corrections Northern Transportation HUBQ-Administration and Winston Rockefeller (Dec'd), Suzanna Rockefeller (Dependent), and Erika Oswald (Dependent). The applicants sought reconsideration of a Findings and Order (F&O) issued by a workers compensation administrative law judge (WCJ) which found and ordered that the Panel Qualified Medical Examiner (PQME) had a disqualifying conflict of interest. The WCJ filed a Report and Recommendation on Petition for Reconsideration (Report) wherein he recommended that the Petition be dismissed as the F&O is not a final order. The State Compensation Insurance Fund (SCIF) then filed a Notice of Moot

State of California, Department of Corrections Northern Transportation HUBQ-Administration; legally uninsured; administered by State Compensation Insurance Fund Winston Rockefeller (Dec’d) / Suzanna Rockefeller (Dependent), / Erika Oswald (Dependent) WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAWINSTON ROCKEFELLER (Dec’d), SUZANNA ROCKEFELLER (Dependent),ERIKA OSWALD (Dependent), Applicants,vs.STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS NORTHERN TRANSPORTATION HUBQ- ADMINISTRATION; legally uninsured; administered by STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ8339009(Sacramento District Office)NOTICE OF INTENTION TO RESCIND OPINION AND ORDER GRANTING RECONSIDERATION ANDDISMISSING PETITION FOR RECONSIDERATION AS MOOT            We previously granted applicant’s Petition for Reconsideration to provide an opportunity to further study the legal and factual issues raised by the Petition in order to enable us to reach a just and reasoned decision.            Applicant sought reconsideration of the Findings and Order (F&O) issued on May 28, 2015 by a workers compensation administrative law judge (WCJ). The WCJ found and ordered, in pertinent part, that the Panel Qualified Medical Examiner (PQME) Allen H. Lee, M.D., had a disqualifying conflict of interest per Rule 41.5(d)(2)(A), and that Dr. Lee was therefore stricken as the PMQE in this case. (Cal.Code Regs., tit. 8, § 41.5(d)(2)(A).)            Applicant contends that Rule 41.5(d)(2)(A) does not apply to Dr. Lee because he was never employed by the State of California, but was an employee of another company that contracted with the State of California to perform psychiatric treatment of inmates at the Department of Corrections and Rehabilitation; performed treatment only at the Centinela State Prison in El Centro, California; did not now applicant or applicant’s claims, and had no role in supervising correctional officers.            We received an Answer to Petition for Reconsideration (Answ

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