Anita Stagi — ADJ14533246

Applicant Anita Stagi sought removal or reconsideration of a WCJ's Findings and Order finding her objection to QME Dr. Benjamin Schanker's report defective and denying her request for a replacement QME panel. Applicant argued she was entitled to a replacement panel under AD Rule 31.5(a)(12) because she objected to the report's untimeliness before it was served. The WCAB majority found that because applicant only challenged an interlocutory finding, the removal standard applied, and she failed to show significant prejudice or irreparable harm. Relying on the panel decision in Noriega, the majority deferred to the WCJ's discretion to prevent 'doctor shopping' where applicant objected to timeliness before receipt but did not request a replacement until after receiving the report. The Petition was denied. Deputy Commissioner Schmitz dissented, arguing Rule 31.5(a)(12) only requires a timeliness objection before service, not a replacement request before receipt, and would have granted a replacement panel.