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PanelQMEMed-legalGranted in Part

Reynoso, Joe

JOE REYNOSO, Applicant vs. SHIPPERS TRANSPORT EXPRESS; CHUBB INSURANCE, BROADSPIRE, Defendants

ADJ number: ADJ10151836
Decision date: Jun 23, 2024
District office: Los Angeles
WCJ: —
Claim administrator: Broadspire (TPA); Chubb Insurance
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: back, hernia, upper extremities, lower extremities, shoulders, waist, psyche, sleep, right leg, right knee (patella), neck, hips

LC §5410LC §5900LC §5902LC §5903LC §5502LC §5313LC §5952CCR §10955CCR §10761CCR §10832CCR §10629CCR §10628CCR §10787CCR §10325

Summary

Applicant Joe Reynoso sought reconsideration or removal of an April 17, 2024 Joint Order compelling his attendance at a PQME evaluation with Dr. Joseph Hohl across three consolidated claims. Applicant argued that Dr. Hohl was the QME in his previously settled case (ADJ10151836) and should not serve as QME in the other two cases. The WCAB dismissed the petition for reconsideration because the order compelling QME attendance is an interlocutory discovery order, not a final order. However, the Board granted removal, finding that applicant suffered irreparable harm because the WCJ issued the Order without first issuing a Notice of Intention (NIT) or holding a hearing, depriving applicant of adequate notice and an opportunity to be heard. As its Decision After Removal, the Board rescinded the April 17, 2024 Order and returned the matter to the trial level for a hearing and the creation of a record regarding the QME issue.

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.