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Case Name | Messele v. Pitco Foods, Inc. | |
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Date | 09/26/2011 | |
Note | A Sept. 27 decision by the California Workers' Compensation Appeals Board has opened a can of worms for the Division of Workers' Compensation, which is now giving attorneys an opportunity to request new qualified medical evaluator panels if the previous panels weren't selected according to the timing endorsed by the WCAB. | |
Citation | ADJ7232076 | |
WCC Citation | WCC 38172011 CA |
[Editor's Note: On Nov. 4, the Appeals Board issued an en banc decision saying its holding in Messele v. Pitco Foods Inc. should only apply to requests made after Sept. 26, the day it issued the first en banc Messele decision. ]Relying on Poster v. Southern California Rapid Transit District (1990) 52 Cal. 3d 266 (Poster), and distinguishing Camper v. Workers' Comp. In his Report and Recommendation on Petition for Reconsideration (Report), the WCJ recommended that we grant removal and find both panel requests premature. DISCUSSION We note initially that applicants petition seeks reconsideration of a Finding of Fact determining which QME panel was properly assigned. Applicants petition should have requested removal instead of reconsideration, and we erred in granting reconsideration instead of removal.
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