What the panel ordered
Order Compelling Attendance at Defense QME affirmed except suspension of benefits stricken; remanded for further proceedings
Petition for removal granted to study issues; case assigned en banc for uniformity
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.
QME/AME processApplicant prevailedright foot · left knee
The Appeals Board held that for injuries prior to January 1, 2005, the pre-SB 899 section 4062 procedure for obtaining AME and QME reports applies, thus the WCJ had authority to order the defense QME.
From the decision · page 62 occurring prior to January 1, 2005, section 4062, as it existed before its amendment by SB 899,
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Injuries occurred prior to January 1, 2005, thus pre-SB 899 section 4062 applies
Favours Applicant prevailed