Marissa Agamao — ADJ1690431

Applicant Marissa Agamao claimed three injuries while working as an administrative assistant for Mitsubishi Motor Credit of America. After the parties' AME retired, an orthopedic QME panel issued and Dr. George Watkin remained. Applicant repeatedly missed or cancelled examination appointments, and a scheduled October 10, 2019 evaluation was terminated when applicant insisted her attorney's representative be present in the exam room and walked out. The WCJ found applicant was not entitled to a replacement QME panel but should not be compelled to attend an examination with Dr. Watkin. The WCAB majority dismissed defendant's petition for reconsideration (treating the discovery order as non-final), granted it as a petition for removal, affirmed the no-replacement-panel finding, but amended the findings to require applicant to attend the examination with Dr. Watkin. Commissioner Sweeney dissented, arguing applicant's uncontradicted sworn testimony of discrimination warranted appointing a regular physician under Labor Code section 5701.