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PanelQMEMed-legalDenied

Reza, Macrino

MACRINO REZA, Applicant vs. ZINC POLYMER HOLDINGS, LLC; PENNSYLVANIA MANUFACTURERS’ ASSOCIATION INSURANCE COMPANY, adjusted by PMA COMPANIES, Defendants

ADJ number: ADJ17527839
Decision date: Aug 18, 2024
District office: Los Angeles
WCJ: Edgar Medina
Claim administrator: PMA Companies (adjusting for Pennsylvania Manufacturers' Association Insurance Company)
Commissioners: —

Injury / body parts: thoracic spine, lumbar spine, cervical spine, right knee, right leg, right foot

LC §3202LC §4060LC §4062LC §4605LC §5813LC §5900LC §5904CCR §10955

Summary

Applicant filed two separate applications—one specific injury and one cumulative trauma—and his attorney obtained two QME panels using each claim number (Panel #7574199 issued 4/6/23 and Panel #7575297 issued 4/11/23). Defendant struck Dr. Mirzaians from the second panel, but applicant scheduled an examination with him anyway, and Dr. Mirzaians issued a report. The WCJ found the first panel (#7574199) controlling and the second invalid, that defendant's strike of Dr. Mirzaians was timely (so defendant was not liable for his report cost), but that Dr. Mirzaians' report was nonetheless admissible as self-procured medical reporting under Labor Code section 4605. The WCJ also declined to impose sanctions on applicant's attorney. The Appeals Board, treating the petition under the removal standard because defendant challenged only interlocutory findings, denied defendant's petition, adopting the WCJ's Report.

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.