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PanelQMEMed-legalDenied

Ramirez, Paula

PAULA RAMIREZ, Applicant vs. AVALON COLD STORAGE LLC; SUNZ INSURANCE COMPANY, administered by NEXT LEVEL, Defendants

ADJ number: ADJ18205051
Decision date: Jun 16, 2024
District office: Anaheim
WCJ: —
Claim administrator: Next Level (administering for SUNZ Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: shoulders, arms, hands, wrists, fingers, psyche, neck, legs, knees, ankles, feet, chest, respiratory system, stress, anxiety, insomnia, hypertension

LC §5904CCR §30CCR §10605CCR §10625CCR §10955

Summary

Applicant Paula Ramirez requested a represented-case QME panel (#7629463) in Pain Medicine and served only the panel list, not the online panel request and supporting documentation required by AD Rule 30(b)(1)(C). The WCJ found applicant did not prematurely obtain the panel but failed to comply with AD Rule 30(b)(1)(C) and ordered the panel invalid. Applicant petitioned for removal, arguing there was no compliance failure and the WCJ lacked authority to invalidate the panel. The Appeals Board treated the petition as one for reconsideration (because the decision included a threshold AOE/COE finding) but evaluated the challenged interlocutory findings under the removal standard. The Board denied relief, holding the record supported the noncompliance finding and that invalidating the panel was within the WCJ's wide discretion under Suon, causing no significant prejudice because applicant remains free to request a new panel using proper procedures.

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

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.

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.