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PanelQMEMed-legalLienGranted

Manriques, Gladys

GLADYS MANRIQUES, Applicant vs. BIG LOTS; STARR INDEMNITY C/O SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ12256911
Decision date: Jan 5, 2025
District office: Los Angeles
WCJ: Jay W. Downey
Claim administrator: Sedgwick Claims Management Services (for Starr Indemnity)
Commissioners: —

LC §5909LC §5900LC §5806LC §5807LC §5701LC §5906CCR §10205.5CCR §10600

Summary

Applicant Gladys Manriques filed claims against Big Lots (insured by Starr Indemnity, administered by Sedgwick) involving three consolidated cases. The WCJ issued a Findings and Order on September 30, 2024, but applicant's counsel petitioned for reconsideration, arguing the medical record was deficient because the Panel QME's reporting did not reflect applicant's credible testimony regarding her injury. The WCAB first addressed the timeliness of its decision under newly amended Labor Code section 5909, concluding it timely acted within 60 days of the November 5, 2024 transmission. On the merits, the Board agreed with the WCJ that the record needed further development and granted reconsideration, rescinding the September 30, 2024 decision and returning the matter to the WCJ for further proceedings consistent with McDuffie. The Board emphasized the parties could agree to an AME before resorting to appointment of a regular physician under section 5701.

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.