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PanelQMEMed-legalDenied

Ortiz Campos, Lucia

LUCIA ORTIZ CAMPOS, Applicant vs. THEKEY MANAGEMENT LLC, insured by SAFETY NATIONAL CASUALTY CORPORATION, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number: ADJ19352869
Decision date: Dec 29, 2024
District office: San Francisco
WCJ: —
Claim administrator: Gallagher Bassett Services, Inc. (administering for Safety National Casualty Corporation)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: left shoulder, back, left index finger

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

Summary

Applicant Lucia Ortiz Campos sought removal of the WCJ's September 4, 2024 Findings and Order, which found QME panel number 7705175 valid. Applicant argued the panel should be invalidated because defendant served the delay notice on applicant rather than her attorney, and that she was entitled to examine defendant's insurance adjuster at trial. The Board treated the petition as one for reconsideration because the F&O resolved a threshold issue (injury AOE/COE), but evaluated the challenged interlocutory panel-validity finding under the removal standard. The Board found that service of the delay notice on applicant was proper given that the notice of representation was served June 3 and the delay notice June 4, 2024, and nothing in the Labor Code rendered a validly served notice invalid because defendant had not yet received the representation notice. The Board concluded applicant failed to show substantial prejudice or irreparable harm and denied the petition.

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.