What the panel ordered
Petition for Reconsideration granted; December 6, 2021 Finding of Facts and Order rescinded.
Defendant sought removal of the Finding of Facts and Order issued by the WCJ on December 6, 2021, which ordered a replacement QME panel in Pain Medicine specialty; the WCJ recommended denial of removal; the Appeals Board treated the petition as one for reconsideration, granted reconsideration, and rescinded the F&O.
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.
Applicant failed to object to the QME report prior to its service date as required by Rule 31.5(a)(12), so the request for replacement QME panel was denied and the prior order granting replacement was rescinded.
From the decision · page 6The Merriam-Webster online dictionary defines "prior" as existing earlier in time: previous. (Merriam-Webster Online Dict. <https://www.merriam-webster.com/dictionary/prior> [as of February 15, 2022].) It is well established that a party must object to an untimely QME report under section 4062.5 and Rule 38 prior to the service of the report. (See Fajardo, supra [WCJ properly denied request for replacement QME panel when applicant waited until after receipt of report to object to its timeliness].) Here, applicant failed to object to Dr. Rubin's report prior to the date it was served upon the parties.