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PanelQMEGranted

Scudder, Kim

KIM SCUDDER, Applicant vs. ST. MARY’S MEDICAL CENTER, Permissibly Self-Insured, adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number: ADJ17737796
Decision date: Nov 28, 2023
District office: Salinas
WCJ: —
Claim administrator: Sedgwick Claims Management Services, Inc.
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: head, brain, psyche, multiple body parts

LC §5501.5LC §5501.6LC §5313CCR §10955CCR §10787

Summary

Applicant Kim Scudder, in pro per, sustained an admitted industrial injury on May 21, 2022 while employed by St. Mary's Medical Center. Defendant filed the Application choosing San Francisco venue under Labor Code section 5501.5(a)(2), and applicant later petitioned to transfer venue to Salinas, citing the painful three-hour drive and her head injuries. After issuing an NIT to change venue and receiving defendant's objection, the PWCJ ordered the venue change to Salinas on November 29, 2023 without holding a hearing, reasoning that defendant's evidence would be immaterial. Defendant sought removal, arguing the change without a hearing denied due process. The Appeals Board granted removal, rescinded the venue order, and returned the matter to the PWCJ to develop a record and hold a hearing, finding it premature to deem defendant's evidence immaterial.

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.