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PanelQMEMed-legalDenied

Padilla, Andrew

ANDREW PADILLA, Applicant vs. UNITED PARCEL SERVICE; LIBERTY MUTUAL, Defendants

ADJ number: ADJ16407644
Decision date: May 8, 2025
District office: San Francisco
WCJ: Elizabeth C. Dehn
Claim administrator: Liberty Mutual
Commissioners: —

Injury / body parts: trunk, abdomen

LC §5813LC §5903LC §5909

Summary

Applicant Andrew Padilla, a UPS warehouse supervisor injured on April 15, 2022, settled his claim by Stipulations with an Award issued May 3, 2024. After the Award, defendant served sub rosa video on applicant's attorney (July 23, 2024) and solicited a supplemental PQME report and set a PQME deposition, prompting applicant to seek sanctions and attorneys' fees under Labor Code section 5813. The WCJ quashed the deposition but declined to impose sanctions, noting the imposition of sanctions is discretionary, the sub rosa video was never sent to any medical evaluator, and there was no evidence of a pattern of inappropriate conduct. The WCAB adopted and incorporated the WCJ's Report and Recommendation and denied reconsideration. The Board also addressed the timeliness of its decision under Labor Code section 5909, confirming it acted within 60 days of the March 10, 2025 transmission.

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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Similar decisions

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.