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PanelQMEMed-legalGranted

Roth, Jo Anne

JO ANNE ROTH, Applicant vs. SOUTH COUNTY RETIREMENT HOME; OAK RIVER INSURANCE COMPANY, C/O BERKSHIRE HATHAWAY, Defendants

ADJ number: ADJ11116060
Decision date: May 19, 2024
District office: Salinas
WCJ: —
Claim administrator: Oak River Insurance Company, c/o Berkshire Hathaway
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: psyche, eyes/vision (ophthalmology), rheumatologic condition

LC §5313LC §5903LC §5952CCR §10955

Summary

Applicant Jo Anne Roth filed a petition for additional QME panels in ophthalmology and rheumatology based on the psychiatric panel QME's recommendation that she undergo comprehensive evaluations in those specialties. The WCJ issued a Notice of Intention to order additional panels on July 21, 2023, then issued the order on August 11, 2023 after receiving no response. Defendant sought removal, contending it never received the NIT at its proof-of-service email or registered email and thus was deprived of its right to object and offer rebuttal evidence, violating due process. The Board granted removal, finding that because there was no hearing, no minutes/stipulations, no admitted evidence, and no opinion on decision, it could not determine whether the WCJ's order was supported by substantial evidence. The Board rescinded the August 11, 2023 order and returned the matter to the trial level for the WCJ to prepare a proper record under Labor Code section 5313 and Hamilton.

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.