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PanelQMEDismissed

Cortes, Kimberly

KIMBERLY ARREOLA CORTES, Applicant vs. OC DIRECT DELIVERY; OLD REPUBLIC INSURANCE COMPANY; administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ16905183
Decision date: Apr 2, 2025
District office: San Diego
WCJ: —
Claim administrator: Sedgwick Claims Management Services (administering for Old Republic Insurance Company)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, LISA A. SUSSMAN, DEPUTY COMMISSIONER

Injury / body parts: right ankle, right foot

LC §5909LC §5900CCR §10832CCR §10550CCR §10605CCR §10629CCR §10628

Summary

Applicant Kimberly Arreola Cortes, who claimed a right ankle and foot injury while working as a delivery associate, repeatedly failed to attend scheduled panel QME evaluations with Dr. Ryan Culver and relocated to Arizona. Defendant served a notice of intent to dismiss under WCAB Rule 10550 on December 12, 2024, then filed a petition to dismiss on January 13, 2025, and the WCJ issued a Notice of Intention to Dismiss (NIT) on January 24, 2025. Applicant filed a petition for reconsideration, mistakenly believing the NIT was a final order. The Board held that the NIT was merely notice of intent and not an appealable order, making the petition premature. The Board also observed that defendant's petition to dismiss was itself prematurely filed because the 30-day Rule 10550(b) period had to be extended by 10 days for out-of-state service. The petition was dismissed and the matter returned to the trial level.

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

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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.