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PanelQMEMed-legalGranted

Scribner, Holly

HOLLY SCRIBNER, Applicant vs. ROSEWOOD MIRAMAR HOTEL; AIU INSURANCE, administered by GALLAGHER BASSETT, Defendants

ADJ number: ADJ19589643
Decision date: Jan 5, 2025
District office: Santa Barbara
WCJ: —
Claim administrator: Gallagher Bassett (administering AIU Insurance)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: left wrist, bilateral feet, left shoulder, cervical spine, thoracic spine, lumbar spine

LC §4060LC §4061LC §4062LC §4062.2LC §5900LC §5904LC §5909CCR §10600CCR §10605CCR §10955

Summary

Holly Scribner claimed industrial injury to multiple body parts during a cumulative period of employment with Rosewood Miramar Hotel. A dispute arose over QME panel selection after defendant served panel No. 7720356 (Drs. Ovadia, Nguyen, Kupperman). Defendant timely struck Dr. Kupperman on August 19, 2024, but applicant struck Dr. Nguyen late on August 26, 2024, the same day defendant selected Dr. Nguyen as QME. The WCJ found applicant's attorney had the right to set an appointment with Dr. Ovadia on September 26, 2024. The Appeals Board granted reconsideration under the removal standard and reversed, holding that because applicant's strike was untimely, Dr. Nguyen remained on the panel and defendant validly selected him under Labor Code section 4062.2(c).

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.