WCPanelIQ
PanelQMEMed-legalGranted

Bruce, Christina

CHRISTINA BRUCE, Applicant vs. KERN COUNTY SHERIFF'S DEPARTMENT, Defendants

ADJ number
ADJ9682785
Decision date
Sep 12, 2023
District office
Bakersfield District Office
WCJ
—
Claim administrator
—
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER
LC §5502LC §5313LC §5903LC §5952CCR §10955CCR §10761CCR §10787

Summary

Applicant Christina Bruce sought removal from a September 13, 2023 WCJ order that continued her case from trial to a status conference over her objection, without deciding the disputed issue of how additional history and documentation would be provided to the QME (Dr. Brian Solberg). The WCJ's minutes indicated the parties would filter and send personnel records and a photo to Dr. Solberg but did not resolve applicant's dispute regarding the delivery of additional history. The Appeals Board found that the minutes failed to set forth the issues decided or the basis for the WCJ's determination to continue rather than rule, making it impossible to ascertain the basis for the decision. The Board granted removal, rescinded the September 13, 2023 order, and returned the matter to the trial level with a recommendation that the WCJ create an evidentiary record documenting the court's analysis and determination.

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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