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PanelQMEMed-legalGranted in Part

Cava, Carmen

CARMEN CAVA, Applicant vs. VOLT INFORMATION SCIENCES; AIU INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, Defendants

ADJ number: ADJ17176608
Decision date: May 15, 2024
District office: Los Angeles
WCJ: —
Claim administrator: Gallagher Bassett Services (administering AIU Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: right leg, right ankle, right foot, back

LC §5900LC §5902LC §5903LC §5313LC §5502LC §5813LC §5952CCR §10401CCR §10756CCR §10832CCR §10759CCR §10955CCR §10629CCR §10628CCR §10880

Summary

Applicant Carmen Cava sought reconsideration or removal of a February 27, 2024 Order compelling her attendance at a defense-requested panel QME examination. The WCJ issued the Order after applicant's counsel and hearing representative repeatedly failed to appear at trial on the QME panel dispute, with the hearing representative appearing to misrepresent that he was hospitalized on the trial date. The Board dismissed the petition for reconsideration because the Order compelling QME attendance is an interim discovery order, not a final order. However, the Board granted removal, finding the WCJ violated applicant's due process rights by issuing the Order without notice. The Board rescinded the Order and returned the matter to the trial level, directing the WCJ to provide a notice of intention before issuing any orders despite applicant's non-appearance.

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.