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PanelQMEMed-legalDismissed

Lopez, Daniel

DANIEL LOPEZ, Applicant vs. MICROFORM PRECISION, LLC; COMPWEST INSURANCE COMPANY, Defendants

ADJ number: ADJ15945803
Decision date: Jul 7, 2024
District office: Sacramento
WCJ: —
Claim administrator: CompWest Insurance Company
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: arm, wrist, fingers, shoulders

LC §5803LC §5702LC §5705LC §3202.5LC §5903LC §5952CCR §10700

Summary

Applicant Daniel Lopez settled a December 22, 2021 industrial injury via a $60,000 Compromise and Release based on panel QME Dr. Stephanie Janiak's report finding 22% permanent disability; the WCJ issued an Order Approving Compromise and Release (OACR) on March 26, 2024. Three days later, on March 29, 2024, a previously requested supplemental QME report issued finding increased impairment. Applicant petitioned for reconsideration of the OACR seeking to set it aside so the new report could be considered. The Board found that no evidence of good cause to set aside the settlement had been admitted into the record, making the petition premature. The WCAB dismissed the petition and returned the matter to the trial level, recommending the WCJ treat it as a petition to set aside the OACR and set a hearing to allow applicant to develop an evidentiary record.

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.