Applicant Adrian Melero, a train operator, claimed two injuries: a December 23, 2021 specific injury (head, shoulder, ear, neck) and a cumulative injury from December 20, 1996 through December 23, 2021 (hands, wrists, arms, knee, back). An orthopedic QME panel (Dr. Schiffman) was obtained for the specific injury, with evaluation on December 9, 2022. On March 17, 2023, applicant requested a separate chiropractic QME panel for the cumulative claim, which the WCJ allowed. Defendant petitioned for reconsideration/removal, arguing under Navarro that both claims filed before the QME exam must go to the same QME. The Board dismissed the petition for reconsideration (the order being interlocutory), granted it as a petition for removal, rescinded the F&O, and remanded because the claim forms were never admitted into evidence, making it impossible to determine the operative filing dates necessary to apply Navarro.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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