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PanelQMEMed-legalGranted in Part

Crumb, Ealise

EALISE CRUMB, Applicant vs. APC TECHNOLOGY, INC.; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ4500251
Decision date: Jun 4, 2024
District office: Los Angeles
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: LISA A. SUSSMAN, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §5311LC §5313LC §5903LC §5952CCR §10955CCR §10960CCR §10430

Summary

Applicant Ealise Crumb filed a Petition for Removal and Disqualification challenging a March 14, 2023 hearing scheduled as a trial that did not proceed to a full trial (no record created) and a March 27, 2023 Order Compelling her attendance at a QME with Joel Frank, M.D., a non-panel QME physician chosen by defendant. The WCAB granted removal because no record was created at the March 14, 2023 hearing, preventing meaningful review and raising due process concerns. The Board rescinded both the March 14, 2023 minutes and the March 27, 2023 Order Compelling, and returned the matter to the trial level. The Board denied the Petition for Disqualification because the petition failed to set forth facts, declared under penalty of perjury, sufficient to establish bias or prejudice under Labor Code section 5311 and Code of Civil Procedure section 641. The Board also cautioned applicant that her pattern of repetitive, duplicative filings could lead to designation as a vexatious litigant under WCAB Rule 10430.

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.

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.