WCPanelIQ
PanelQMEMed-legalGranted in Part

Cohen, Mordechai

MORDECHAI COHEN, Applicant vs. AIRGAS INCORPORATED; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendants

ADJ number
ADJ9042051
Decision date
Sep 21, 2025
District office
San Francisco
WCJ
—
Claim administrator
Insurance Company of the State of Pennsylvania
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: knees, left knee, low back, bilateral groin, left shoulder, right knee

LC §5311LC §5313LC §5903LC §5952CCR §31.5CCR §10787CCR §10832CCR §10955CCR §10960CCR §10964

Summary

Unrepresented applicant Mordechai Cohen sought removal of a WCJ order compelling his attendance at a medical examination with Dr. Sabsovich (the PQME) and also sought disqualification of the WCJ. Applicant argued the order issued improperly because his injuries are orthopedic and Dr. Sabsovich is not an orthopedic or spine doctor, and because the WCJ issued the order without reviewing medical documents or giving applicant an opportunity to respond to defendant's petition to compel. The Appeals Board found the WCJ's order issued without an adequate record or opportunity for the parties to provide evidence, violating due process. The Board granted the Petition for Removal, rescinded the September 27, 2024 order, and returned the matter to the trial level for further proceedings, noting that a notice of intention would have been the preferred procedure. The Board denied the Petition for Disqualification, finding applicant failed to allege facts establishing bias or an unqualified opinion on the merits.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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