WCPanelIQ
PanelQMEMed-legalGranted

Galindo Garcia, Abel

ABEL GALINDO GARCIA, Applicant vs. CAL FRESH HARVESTING, LLC; STAR INSURANCE COMPANY administered by MEADOWBROOK INSURANCE COMPANY, Defendants

ADJ number
ADJ16751654
Decision date
Sep 24, 2024
District office
Fresno
WCJ
—
Claim administrator
Meadowbrook Insurance Company (administering for Star Insurance Company)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: toes, left foot, left knee, right foot, knees, leg, psyche

LC §5313LC §5903LC §5952CCR §31.7CCR §10955CCR §10787CCR §32.6

Summary

Applicant Abel Galindo Garcia claimed industrial injury to his toes, left foot, left knee, and compensable consequences to his right foot, knees, leg, and psyche while working for Cal Fresh Harvesting. After an internal medicine QME suggested additional panels in psyche and musculoskeletal specialties, applicant sought WCAB assistance to obtain those panels. At an MSC on December 28, 2023, the WCJ issued a Finding and Order directing that the medical record required further development and allowed both parties to file for new panels in unspecified specialties of their choosing. Defendant sought removal, arguing the WCJ abused his discretion by ordering non-specific panels without permitting evidence at trial and without articulating a basis for the decision. The Appeals Board granted removal, finding the WCJ failed to make an adequate record, provide reasoning, or specify the specialties for which good cause existed under Rule 31.7. The Board rescinded the Finding and Order and returned the matter to the trial level for further proceedings.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.