WCPanelIQ
PanelQMEDenied

Harris, Janisha

JANISHA HARRIS, Applicant vs. STRIVE WELL BEING INC; AMTRUST NORTH AMERICA, Defendants

ADJ number
ADJ18948204
Decision date
Aug 19, 2024
District office
Los Angeles
WCJ
—
Claim administrator
AmTrust North America
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER
LC §5313LC §5903LC §5952CCR §10955CCR §10421

Summary

Applicant Janisha Harris sought removal challenging a WCJ's order setting the matter for trial on July 23, 2024, arguing that the trial was scheduled only 21 days after the MSC, leaving insufficient time to review a newly received personnel file containing previously unknown witness statements supporting her claim. She contended the Pre-Trial Conference Statement was inaccurate, witnesses were missing from her witness list, and a cancelled QME evaluation left her without medical evidence to address compensability. The Appeals Board denied removal, finding she failed to demonstrate substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy. The Board emphasized that at trial the applicant may raise the preliminary issue of further discovery, and the WCJ has discretion to allow it and to order the parties to proceed with the QME evaluation.

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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