What the panel ordered
Petition for Reconsideration granted; WCJ's F&O affirmed except amended to find QME Panel #7578289 invalid and order rescinded.
Petition for Reconsideration of the WCJ's Findings of Fact and Order (F&O) issued October 27, 2023, challenging the validity of defendant's QME panel service.
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 panel was invalidated because defendant failed to properly serve the required documents by mail as mandated by AD Rule 30(b)(1)(C), causing substantial prejudice to applicant.
From the decision · page 4In circumstances such as this, where a party has failed to comply with the required rules of service for panel QME requests and omitted required documents, we conclude that the procurement of Panel #7578289 was not proper and is therefore invalid, and that, absent removal, applicant will suffer substantial prejudice and irreparable harm. Thus, reconsideration is hereby granted and we find that Panel #7578289 is invalidated for failure to comply with Rule 30(b)(1)(C). We will otherwise affirm the findings of fact determined by the WCJ.