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PanelQMEMed-legalDenied

Sarin, Shivani

SHIVANI SARIN, Applicant vs. MOTION PICTURE AND TELEVISION FUND; SAFETY NATIONAL CASUALTY CORP. administered by BETA HEALTHCARE GROUP, Defendants

ADJ number: ADJ18397268
Decision date: Jan 12, 2025
District office: Los Angeles
WCJ: —
Claim administrator: BETA Healthcare Group (administering Safety National Casualty Corp.)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: wrists, knees, GERD, sleep, anxiety, depression, gait

LC §5909LC §5900LC §5904CCR §10600CCR §10955

Summary

Applicant Shivani Sarin had a prior specific injury claim (ADJ11828509) resolved by Stipulated Award in which Dr. Rubanenko served as PQME, and later filed a new cumulative trauma claim (ADJ18397268) plus a Petition to Reopen. Defendant sent letters to Dr. Rubanenko requesting and scheduling a PQME evaluation covering both case numbers, and Dr. Rubanenko issued a report addressing both claims. After defendant objected to that report and obtained a new PQME panel, applicant petitioned to quash the panel, and the WCJ found defendant had agreed to use Dr. Rubanenko as PQME in the new case. The WCAB denied defendant's Petition for Reconsideration/Removal, finding defendant agreed to Dr. Rubanenko and could not select a different PQME at such a late stage. The Board treated the petition under the removal standard since the only challenged issue was interlocutory.

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.