What the panel ordered
The Appeals Board affirmed the Findings of Fact, Order and Opinion on Decision issued by the WCJ on October 8, 2021, denying applicant's petition for removal and holding that defendant was not precluded from requesting a new QME panel.
Applicant sought removal of the Findings of Fact, Order and Opinion on Decision issued by the WCJ on October 8, 2021, challenging interlocutory finding regarding defendant's right to request a new QME panel. The WCJ issued a Report and Recommendation to deny removal. The Appeals Board granted reconsideration to study the issues further.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board held that defendant was not precluded from requesting a new QME panel because no examination was actually conducted due to lack of interpreter, so defendant was entitled to request a new panel under Romero.
From the decision · page 1Applicant sought removal of the Findings of Fact, Order and Opinion on Decision (F&O) issued by the workers' compensation administrative law judge (WCJ) on October 8, 2021. By the F&O, the WCJ found in relevant part that defendant was not precluded from requesting a qualified medical evaluator (QME) panel per Labor Code1 section 4062.2 when applicant became represented. (Lab. Code, § 4062.2.)