What the panel ordered
Petition for reconsideration granted; WCJ's F&O rescinded; applicant's initial QME panel request found valid; defendant's panel request found invalid; parties ordered to use applicant's replacement panel; attorney's fees denied.
Petition for removal of WCJ's Findings of Fact, Order and Opinion on Decision (F&O) of December 21, 2020, treated as a petition for reconsideration; WCAB grants reconsideration, rescinds F&O, and issues 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.
There was insufficient evidence to demonstrate that defendant's panel request was submitted in bad faith; attorney's fees denied.
From the decision · page 159. There is insufficient evidence to demonstrate that defendant's April 15, 2020 panel request was submitted in bad faith.
Applicant's initial QME panel request was validly made after filing the claim form and waiting the statutory period; defendant's subsequent panel request was barred by statute; parties must use applicant's replacement panel.