Lynn McGlothen vs. KELLEHER LUMBAR CORPORATION; INSURANCE COMPANY OF THE WEST

KELLEHER LUMBAR CORPORATION; INSURANCE COMPANY OF THE WEST Lynn McGlothen WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALYNN MCGLOTHEN, Applicantvs.KELLEHER LUMBAR CORPORATION;INSURANCE COMPANY OF THE WEST, Defendants. In this case, the Workers' Compensation Appeals Board granted the defendant's Petition for Removal of the Order Denying Emergency Petition to Stay PQME Evaluation issued by the WCJ on December 8, 2020. The Order was rescinded and the matter was returned to the trial level for further proceedings.

KELLEHER LUMBAR CORPORATION; INSURANCE COMPANY OF THE WEST Lynn McGlothen WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALYNN MCGLOTHEN, Applicantvs.KELLEHER LUMBAR CORPORATION;INSURANCE COMPANY OF THE WEST, DefendantsAdjudication Number: ADJ13463458Oakland District OfficeOPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            Defendant seeks removal of the Order Denying Emergency Petition to Stay PQME1 Evaluation (Order) issued by the workers’ compensation administrative law judge (WCJ) on December 8, 20202.By the Order, the WCJ denied defendant’s Emergency Petition to Stay PQME Evaluation on December 19, 2020 Under CCR 10470.            Defendant contends that the Order will result in significant prejudice and irreparable harm because the evaluation with the QME will proceed before the dispute regarding the QME panel specialty has been addressed.            We did not receive an answer from applicant. The WCJ issued a Report & Recommendation on Petition for Removal (Report) recommending that we deny defendant’s Petition.            We have considered the allegations of defendant’s Petition for Removal and the contents of the WCJ’s Report with respect thereto. Based on our review of the record and for the reasons discussed below, we will grant removal, rescind the Order and return this matter to the trial level for further proceedings consistent with this opinion. 1 PQME stands for panel qualified medical evaluator.2 The Order is dated December 7, 2020, but was served on December 8, 2020. , FACTUAL BACKGROUNDApplicant claims injury to the back through May 21, 2020 while employed as a stocker by Kelleher Lumbar Corporation.            On December 4, 2020, defendant filed a declaration of readiness to proceed (DOR) to a mandatory settlement conference. The issue was identified as “PANEL SPECIALTY” and summarized as follows: APPLICANT PULLED A CHIROPRACTIC PANEL ON DELAYED CLAIM UNDER LC 4060 DESPITE THE FACT THAT IT WAS NOT DEN

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