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Jesus Dorantes, vs. Dirito Brothers And Insurance Co. Of The West,

Dirito Brothers And Insurance Co. Of The West, Jesus Dorantes, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESUS DORANTES,Applicant,vs.DIRITO BROTHERS and INSURANCE CO. OF THE WEST,Defendants.Case Nos. ADJ9491221(Oakland District Office)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL            Applicant seeks reconsideration of the Findings of Fact and Order (F&O) issued by the workers’ compensation administrative law judge (WCJ) on February 28, 2017. The F&O denied applicant’s request for a replacement qualified medical evaluator (QME) panel in the field of orthopedic medicine and found that Dr. Patrick McGahan remained the valid panel QME.            Applicant concedes that there is no statutory remedy for a QME’s failure to timely issue a supplemental report pursuant to Administrative Director Rule 38 (Cal. Code Regs., tit. 8, § 38(i)). However, applicant contends that he is entitled to a replacement panel because the QME’s reports do not comply with reporting guidelines and are not substantial evidence and that the QME did not reply to a request for a deposition.            We received an answer from defendant. The WCJ filed a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration.            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the WCJ with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate, we will dismiss the petition to the extent it seeks reconsideration and deny it to the extent it seeks removal.////// , FACTUAL BACKGROUND            Applicant sustained injury to his left shoulder on June 12, 2013 while employed as an auto mechanic for Dirito Brothers.            Dr. McGahan evaluated applicant as the panel QME on December 10, 2014 and produced his initial report on December 12, 2014. A re-evaluation


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