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PanelQMEMed-legalGranted

Prudente, Ariel

ARIEL PRUDENTE, Applicant vs. RJP FRAMING, INC. and ALASKA NATIONAL INSURANCE COMPANY, Defendants

ADJ number: ADJ13119496
Decision date: Feb 23, 2025
District office: Lodi
WCJ: —
Claim administrator: Alaska National Insurance Company
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, LISA A. SUSSMAN, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: neck, psyche, left arm, left shoulder, left hand, left fingers

LC §4062.3LC §4062.1LC §4062.2LC §5313LC §5701LC §5903LC §5906LC §5952CCR §10787

Summary

Applicant Ariel Prudente sought removal of a November 20, 2024 Findings and Order replacing psyche panel QME Dr. Peter Turek based on applicant's attorney's apparent violation of Labor Code section 4062.3(b). Less than an hour before Dr. Turek's deposition, applicant's attorney provided both defendant and Dr. Turek with an orthopedic QME report (already in defendant's possession) and 'summaries and excerpts from the Kite decisions' with handwritten notations, which had not been served on defendant at least 20 days in advance. The WCJ ordered Dr. Turek replaced, finding the information had a prejudicial effect rendering impartiality impossible, but the Board found the WCJ failed to articulate the rationale or explain why less drastic remedies were unavailable. The Appeals Board granted the Petition for Removal, rescinded the F&O, and returned the matter to the trial level for further proceedings consistent with Suon and Hamilton requirements.

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.