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The Important Distinctions Between Reconsideration and Removal. Commonly, when appealing an adverse determination of a WCJ, a practitioner will file a petition for reconsideration, and, in the alternative, a petition for removal. There are significant differences between the two remedies, and practitioners may be well advised to know the difference. As most practitioners know, reconsideration may be had only of a final order, decision or award. Interlocutory procedural orders are not final orders within the meaning of LC 5900. Discovery or non-final orders may be subject to removal. Removal is an extraordinary remedy that will be denied absent substantial prejudice or irreparable harm. Yet, despite the very significant distinctions between the two remedies, practitioners continue to incorrectly plead their cases. > Read more. 

Replacement PQMEs. WCAB granted defendant's petition for removal and rescinded WCJ's order denying defendant's petition to compel applicant's attendance at a re-evaluation with panel QME and WCJ's finding that a replacement panel QME must be provided pursuant to Rule 34(b) because panel QME who originally evaluated applicant had moved his office from Anderson to Redding since initial evaluation and was, therefore, "unavailable," when WCAB found that (1) language in LC 4062.3(j) indicated a legislative intent to prevent QME selection process from restarting if there is a reasonable possibility that injured worker return to same evaluator, so as to minimize medical-legal costs and thwart attempts to doctor-shop, (2) in light of interpretation of LC 4062.3(j), Rule 34(b), which requires that a comprehensive medical-legal examination be conducted only at medical office listed on the panel selection form, applies only to initial comprehensive medical-legal evaluation by panel QME, (3) Rule 36(d), which provides that a new panel may be issued to resolve disputed issues if original QME is unavailable, applies to supplemental comprehensive medical-legal evaluations, and (4) panel QME does not become "unavailable" merely because QME moves office to another location "within the general geographic area of the employee's residence." See the Frink panel decision.