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PanelQMEMed-legalDismissed

Decker, Tamarah

TAMARAH DECKER, Applicant vs. HOME CARE PROVIDERS, INC., dba ASPIRE HOME HEALTHCARE; BENCHMARK INSURANCE COMPANY, administer by BENCHMARK ADMINISTRATORS, Defendants

ADJ number: ADJ17732618
Decision date: Apr 14, 2024
District office: Redding
WCJ: —
Claim administrator: Benchmark Administrators for Benchmark Insurance Company
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: lumbar spine

LC §5904CCR §10961CCR §10962

Summary

Applicant Tamarah Decker sought removal of a WCJ's February 5, 2024 Findings and Order, which found she sustained an industrial injury to her lumbar spine on March 15, 2021, that her injury caused permanent disability, but that the QME's opinions on apportionment were not substantial evidence, ordering the parties return to the QME for further reporting. After applicant filed her petition, the WCJ issued an order on February 22, 2024 rescinding the original submission order. Because the original F&O contained a final determination of industrial injury, the Board treated the petition as one seeking reconsideration rather than removal. Applying WCAB Rule 10961, the Board found that because the WCJ rescinded the original order and issued an amended order within the 15-day jurisdictional window, the original petition was rendered moot. The Board dismissed the Petition for Reconsideration.

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.