What the panel ordered
Petition for reconsideration granted; WCJ's F&O rescinded; applicant permitted to schedule an examination with the doctor he untimely struck; parties to proceed with the existing QME panel.
Applicant sought removal or reconsideration of the WCJ's Stipulations/Findings and Order dated March 4, 2022, regarding whether applicant could set an examination with the QME he untimely struck. The WCAB granted reconsideration, rescinded the F&O, and issued a new decision.
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's strike was untimely and thus invalid, so both remaining doctors were viable choices. Applicant could schedule with the untimely struck doctor within 90 days of appointment request per AD Rule 31.3(e).
From the decision · page 7Therefore, we will rescind the F&O and issue a new decision finding that applicant was permitted to schedule an examination with the doctor that he untimely struck. The parties will be ordered to proceed with using the existing panel.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.