What the panel ordered
Petition for Removal dismissed as moot.
Petition for Removal filed by applicant to challenge WCJ order setting matter for trial on AOE/COE and panel QME issues; petition dismissed as moot after issuance of replacement QME panel and matter taken off calendar.
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The petition was dismissed as moot because the order it challenged was superseded by a replacement QME panel order and the matter was taken off calendar.
From the decision · page 1We have considered the allegations of the Petition for Removal and the contents of the report of the workers' compensation administrative law judge ("WCJ") with respect thereto. Based on our review of the record, and for the reasons stated below, we will dismiss the petition as moot because it seeks review of an order which was subsequently superseded.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The order challenged by the Petition for Removal was superseded by a replacement QME panel order.
Favours Defendant prevailed
This made the petition moot as the relief sought was no longer applicable.
From the decision · page 1We have considered the allegations of the Petition for Removal and the contents of the report of the workers' compensation administrative law judge ("WCJ") with respect thereto. Based on our review of the record, and for the reasons stated below, we will dismiss the petition as moot because it seeks review of an order which was subsequently superseded.
The matter was taken off calendar by the WCJ after the issuance of the replacement QME panel.
Favours Defendant prevailed
This procedural action removed the issue from active consideration, supporting dismissal of the petition.
From the decision · page 1On January 23, 2023, the parties stipulated to the issuance of a new panel of orthopedic Qualified Medical Evaluators (QMEs). (Minutes of Hearing, dated January 23, 2023.) The WCJ issued an order to the DWC Medical Unit for the issuance of a replacement QME panel. (Finding and Order re: Replacement Panel (Represented), dated January 23, 2023.) The matter was then ordered taken off calendar, with a notation that the "issue of AOE/COE is still at the recon unit." (Minutes of Hearing, dated January 23, 2023.)
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Petition for Removal procedure under California workers' compensation law
Dismissal of petition as moot due to superseding order and matter taken off calendar.
From the decision · page 1We have considered the allegations of the Petition for Removal and the contents of the report of the workers' compensation administrative law judge ("WCJ") with respect thereto. Based on our review of the record, and for the reasons stated below, we will dismiss the petition as moot because it seeks review of an order which was subsequently superseded.
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About this page
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