What the panel ordered
The WCAB grants the Petition for Removal, rescinds the WCJ's Order, and returns the matter to the trial level for further proceedings.
Applicant seeks removal of the Order issued by the WCJ on September 21, 2021, which struck the reports and deposition of the QME Dr. Butler pursuant to defendant's Petition to Strike.
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.
Reconsideration / removalApplicant prevailedback · legs
The WCJ's Order striking the QME reports was issued without an evidentiary record and without showing a basis under AD Rule 31.5(a) for replacement of the QME. Defendant's reasons did not meet the enumerated grounds for replacement, so the WCAB granted removal of the Order.
From the decision · page 1Applicant seeks removal of the Order issued by the workers' compensation administrative law judge (WCJ) on September 21, 2021. By the Order, the WCJ struck the reports and deposition of the qualified medical evaluator (QME) pursuant to defendant's Petition to Strike Reporting of Panel Qualified Medical Examiner.