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PanelQMEMed-legalGranted

Gonzalez, Maria

MARIA GONZALEZ, Applicant vs. BEYOND RESOURCE SOLUTIONS, INC.; INNOWORKS UNITED WISCONSIN INS. CO., Defendants

ADJ number: ADJ16064041
Decision date: Jun 16, 2024
District office: Los Angeles
WCJ: —
Claim administrator: Innoworks United / Wisconsin Ins. Co.
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: right arm, right hand, right fingers, back, waist, right shoulder, feet

LC §5311LC §5310LC §5813LC §123.7LC §5309CCR §10960

Summary

Applicant Maria Gonzalez sought disqualification of the WCJ who, during a trial concerning a chiropractic QME panel dispute, issued a Notice of Intention to impose Labor Code section 5813 sanctions against applicant's counsel stating that applicant's position 'lacks merit'—despite the matter not yet being submitted for decision. The Appeals Board found that this unqualified statement on the merits before submission created an appearance that the WCJ had prejudged the case, warranting disqualification under Code of Civil Procedure section 641(f). Although the petition may have been untimely under WCAB Rule 10960, the Board exercised its authority under Labor Code section 5310 to transfer proceedings regardless of the deadline. The Board granted the Petition for Disqualification and reassigned the matter to Presiding Judge Robert Rassp.

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.