WCPanelIQ
PanelQMEMed-legalGranted

Villaloboz, Raquel

RAQUEL VILLALOBOZ, Applicant vs. DCD ELECTRIC BY WALSH SHEA CORRIDOR CONSTRUCTORS; ESIS, Defendants

ADJ number
ADJ12221422
Decision date
Mar 14, 2023
District office
Los Angeles
WCJ
Holmes
Claim administrator
ESIS
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: multiple orthopedic body parts, multiple body systems

LC §5701LC §5906LC §5313CCR §10955CCR §10787

Summary

Applicant Raquel Villaloboz sustained a specific orthopedic injury on March 29, 2019 while employed by DCD Electric. After PQME Dr. Perelman opined she was 100% totally disabled and both parties obtained vocational expert reports, the matter was set for trial. At the March 15, 2023 trial, the WCJ took the case off calendar (OTOC) to allow defendant further discovery based on perceived deficiencies in Dr. Perelman's report, but did not create a record of the proceedings. Applicant petitioned for removal, arguing discovery was complete and she would suffer prejudice from continued delay. The WCAB granted removal, rescinded the OTOC order, and returned the matter to the WCJ, finding that without a proper record (stipulations, issues, exhibits) there was no meaningful way to review whether good cause existed for the OTOC.

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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