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PanelQMEMed-legalDenied

Martinez, Juan

JUAN MARTINEZ, Applicant vs. CREAM OF THE CROP AG SERVICE, INC.; CA FARM MANAGEMENT, INC., administered and adjusted by PACIFIC CLAIMS MANAGEMENT, Defendants

ADJ number: ADJ11080934
Decision date: Feb 20, 2025
District office: Fresno
WCJ: —
Claim administrator: Pacific Claims Management
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §5909LC §5900LC §5904CCR §31.7CCR §32.6CCR §10955

Summary

Juan Martinez sought reconsideration/removal challenging a WCJ's interlocutory order regarding an additional QME panel in a different specialty. The Board first addressed the timeliness of its review under the amended Labor Code section 5909, finding it acted within 60 days of the December 23, 2024 transmission. Because the WCJ's decision contained findings on threshold issues (employment and AOE/COE), it was a final order subject to reconsideration, but since the petitioner only challenged an interlocutory finding regarding the QME panel, the Board applied the removal standard. The Board concluded that the applicant need not establish causation to a disputed body part before requesting a QME panel for that body part and found no significant prejudice or irreparable harm warranting removal. The Petition was denied.

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.