What the panel ordered
Petition for reconsideration dismissed as non-final; petition for removal granted; order compelling QME attendance rescinded and matter returned to trial level.
Applicant sought reconsideration or, in the alternative, removal of an order compelling attendance at a QME evaluation issued by the WCJ on February 27, 2024.
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 order compelling applicant's attendance at a QME evaluation was an interim discovery order, not a final order, and was issued without notice to applicant, violating due process. Removal was warranted to rescind the order and return the matter for proper notice and proceedings.
From the decision · page 7Here, the WCJ issued an order for applicant to appear before a disputed QME. The order issued without notice to applicant, which violated applicant's right to due process and warrants removal. Upon return, the WCJ should provide adequate notice of intent to applicant prior to issuing any findings or orders, notwithstanding applicant's failure to appear at trial. If applicant objects to the notice of intent, the WCJ must create a record and then decide the issue on the merits. This would include, for example, obtaining evidence of the claim denial letter, when it issued, and defendant's panel request. The WCJ may include a notice to admit exhibits and a notice of intent to submit the matter on the record as part of a notice of intent. (Cal. Code Regs., tit. 8, § 10832.)