Marissa Agamao — ADJ205708, ADJ1690431, ADJ4513618

Applicant Marissa Agamao sought removal of a September 13, 2021 Opinion and Decision After Reconsideration in which a split Appeals Board panel amended a WCJ's Findings to require her to attend a QME examination with George Watkin, M.D. Applicant argued she would suffer substantial prejudice and irreparable harm if compelled to use Dr. Watkin, alleging discriminatory and biased conduct by Dr. Watkin and his staff. The majority found that her challenge to the denial of a replacement QME panel was untimely (filed October 6, 2021, more than 25 days after the April 27, 2021 WCJ Findings she never previously challenged), and that she failed to demonstrate substantial prejudice or irreparable harm warranting removal as to the order requiring her to attend the examination. The Board denied the Petition for Removal. Commissioner Sweeney dissented, citing AD Rule 40 and Labor Code section 5701, and would have returned the matter to the trial level to appoint a regular physician or allow the parties to agree to an AME.