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PanelQMEMed-legalDenied

Arellano, Yvette

YVETTE ARELLANO, Applicant vs. DIN TAI FUNG RESTAURANT, LLC; STARR INDEMNITY LIABILITY administered by GALLAGHER BASSETT, Defendants

ADJ number: ADJ17646368
Decision date: Dec 15, 2024
District office: Los Angeles
WCJ: Keith N. Pusavat
Claim administrator: Gallagher Bassett (administering Starr Indemnity Liability)
Commissioners: —

Injury / body parts: right index finger, right hand, right wrist, nervous system, neurological system, digestive system (constipation)

LC §5909LC §5900LC §5901LC §5902LC §5903LC §4060LC §4061LC §4062LC §4610LC §5301LC §5813CCR §31.1CCR §31.5CCR §34CCR §10421CCR §10530CCR §10955

Summary

Applicant, a restaurant hostess, sustained an admitted right index finger fracture and claimed additional internal/digestive injuries. Applicant obtained a QME panel in internal medicine (gastroenterology), which defendant objected to as inappropriate for a finger injury and requested a replacement panel from the Medical Director. While the Medical Director's determination was pending, defendant unilaterally cancelled the scheduled QME with internist Dr. Rahban four days before the appointment, after the WCJ had twice taken the matter off calendar to await resolution. The WCJ found no good cause for the unilateral cancellation under Rule 34(h), upheld the gastroenterology panel as medically appropriate, and awarded attorney's fees against defendant for bad-faith delay under Labor Code section 5813. The Appeals Board adopted the WCJ's Report and Opinion and denied the Petition for Reconsideration and Removal.

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.