What the panel ordered
September 28, 2021 Minute Orders rescinded; matter returned to WCJ for further proceedings and new decision
Petition for reconsideration of WCJ's September 28, 2021 Minute Orders barring QME McCoy's report from replacement QME Ciepiela
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.
QME/AME processRemandedbilateral shoulders
The WCJ's order barring the QME McCoy report from replacement QME Ciepiela was rescinded because the record was incomplete and the matter was returned for further proceedings.
From the decision · page 1Defendant seeks reconsideration of the Minute Orders (Orders) issued by the workers' compensation administrative law judge (WCJ) on September 28, 2021, wherein the WCJ barred the report of orthopedic qualified medical examiner (QME) Joseph McCoy, Jr., M.D., from being provided to replacement QME Michael D. Ciepiela, M.D., for his review, and ordered that the report from Dr. McCoy was "inadmissible for any purpose."
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.