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WAI SAM LEONG vs. CALIFORNIA STATE UNIVERSITY FULLERTON, LEGALLY UNINSURED, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

CALIFORNIA STATE UNIVERSITY FULLERTON, LEGALLY UNINSURED, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES WAI SAM LEONG WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWAI SAM LEONG, Applicant,vs.CALIFORNIA STATE UNIVERSITY FULLERTON, LEGALLY UNINSURED, Administered BySEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants.Case No. ADJ7703832(Anaheim District Office)OPINION AND ORDER GRANTING RECONSIDERATION, NOTICE OF INTENTIONTO IMPOSE SANCTIONS, AFFIRM FINDINGS & ORDER, ANDAMEND ORDERS ON SANCTIONS            On March 14, 2011, applicant filed an Application for Adjudication of Claim, alleging that, while employed as an administrative assistant from June 5, 2007 through March 12, 2011, he sustained cumulative industrial injury to his psyche. Defendant denied applicant’s claim. On December 2, 2011, applicant’s attorney filed a Panel Qualified Medical Evaluator (QME) request. In a clerical error, applicant’s attorney requested the panel QME evaluation under Labor Code sections 4061/40621, which govern QME evaluations to determine medical treatment or to resolve disputes regarding permanent disability, instead of under section 4060, which governs QME evaluations to determine whether an injury is compensable. Panel Number 1371850 was issued in response to the December 2, 2011 request, and both applicant and defendant each struck one physician from the panel, leaving Barbara J. Justice, M.D., as the Panel QME.            At a hearing on March 26, 2012, defendant raised the issue of the clerical error in applicant’s Panel QME request. On April 9, 2012, defendant wrote to Dr. Justice, informing her that she would not be paid if she evaluated applicant, and her report would not be admissible. Additionally, the workers’ compensation administrative law judge (WCJ) has indicated that defendant also filed a Motion to Strike 1 Unless otherwise noted, all further statutory references are to the Labor Code. , Panel Number 13718502, and filed a Petition for Removal alleging th

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