Searcy (Green), Sedalia

Sedalia Searcy, a bus driver for LAUSD, alleged injury to the circulatory system, stress, and chest. While unrepresented she selected QME Dr. Julius Woythaler in internal medicine, then later retained counsel and filed a petition to disqualify/strike the QME's reporting on grounds it was not substantial medical evidence and violated Labor Code section 4628. After trial framing issues of AOE/COE and entitlement to a replacement panel/disqualification, the WCJ issued an F&O denying the request to select a new QME solely on the basis that applicant had selected the QME while unrepresented. The Appeals Board granted removal, finding the F&O failed to address either framed issue and thus did not comply with sections 5313 and 5815. The Board rescinded the F&O and returned the matter to the WCJ with extensive guidance on analyzing substantial-evidence challenges and section 4628 violations.