Sandra Berkenstock vs. Agilent Technologies

In this case, Sandra Berkenstock, an employee of Agilent Technologies, claimed that she sustained industrial injury to her left knee, right hip, psyche, and in the form of sleep disorder while employed as a buyer on January 21, 2008. Agilent Technologies requested a replacement qualified medical evaluator (QME) panel in the field of psychiatry/psychology, which was denied by the workers' compensation administrative law judge. The defendant sought reconsideration of the judge's decision, but the Workers' Compensation Appeals Board dismissed the petition because it was not taken from a final order subject to reconsideration.

Agilent Technologies Sandra Berkenstock WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANDRA BERKENSTOCK, Applicant,vs.AGILENT TECHNOLOGIES, Defendant.Case No. ADJ6627019 (Stockton District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings of Fact and Orders of February 20, 2013, wherein the defendant’s request for a replacement qualified medical evaluator (QME) panel in the field of psychiatry/psychology was denied. In this matter, applicant claims that, while employed as a buyer on January 21, 2008, she sustained industrial injury to her left knee, right hip, psyche, and in the form of sleep disorder. Applicant was examined by panel QME psychologist Florence Thomas-Riddle, PhD on February 27, 2012. Pursuant to Labor Code section 139.2(j)(1)(A), Dr. Thomas-Riddle’s report was due March 29, 2012, “30 days after the evaluator has seen the employee …..” By April 5, 2012, defendant had not received a report. The defendant thus objected and requested the issuance of a replacement panel. The WCJ found that Dr. Thomas-Riddle’s report was received by defense counsel on April 16, 2012, and by applicant’s counsel on April 17, 2012.            Defendant contends that the WCJ erred in finding that it was not entitled to a replacement QME panel in the field of psychiatry/psychology. We have received an Answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration.            We will dismiss the defendant’s Petition because it is not taken from a final order subject to reconsideration. Labor Code section 5900(a) allows reconsideration only of a “final order, decision, o , award.” (Emphasis added.) (See also Lab. Code, §§ 5901-5903.) As the California Court of Appeal, Fifth Appellate District explained:[justify]      “A ‘final order’ for purposes of section 5900 includes any order which[/justify][justify]      sett

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