What the panel ordered
The Petition for Removal filed by defendant Oakland Unified School District is granted. The WCJ's Minute Order dated May 4, 2021, is rescinded and substituted with an order dismissing San Francisco Unified School District without prejudice. The matter is returned to the trial level for further proceedings.
Defendant Oakland Unified School District filed a Petition for Removal of the WCJ's Minute Order dated May 4, 2021, which ordered the parties to obtain a QME report addressing new Kaiser records. The WCJ had issued a Joint Report and Recommendation to deny the Petition. The Appeals Board reviewed the matter and granted removal, rescinded the Order, and returned the matter to the trial level for further proceedings.
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 Appeals Board found that the WCJ's order to obtain a QME report addressing new Kaiser records was not supported by a complete evidentiary record and that the defendant's petition for removal was justified due to procedural violations and lack of evidence.
From the decision · page 1Defendant Oakland Unified School District (OUSD) seeks removal of the Minute Order (Order) issued by the workers' compensation administrative law judge (WCJ) on May 4, 2021. By the Order, the WCJ ordered the parties to obtain a report from the panel qualified medical evaluator (QME), Dr. Martha Singer, addressing the newest Kaiser records. Discovery was otherwise ordered to remain closed.1