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PanelQMEMed-legalGranted

Diego, Lucia

LUCIA DIEGO, Applicant vs. MADONNA INN; administered by PREFERRED EMPLOYERS SAN DIEGO, Defendants

ADJ number: ADJ16333581
Decision date: Mar 3, 2024
District office: San Luis Obispo
WCJ: —
Claim administrator: Preferred Employers San Diego
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: various body parts

LC §5313LC §5900LC §5902LC §5903LC §5502CCR §10955CCR §10330CCR §10945CCR §10803CCR §10670CCR §10305CCR §10787

Summary

Applicant Lucia Diego, a housekeeper, filed a petition to disqualify Panel QME Dr. Ripu Arora and requested a hearing on the petition. The WCJ took the matter off calendar (OTOC) on December 20, 2023, without holding an evidentiary hearing or providing findings. Applicant sought removal/reconsideration, arguing she suffered prejudice from the lack of a hearing on her disqualification petition. The Board treated the petition as one for removal, found the OTOC order to be an interlocutory procedural decision, and determined the absence of an evidentiary record (no MOH/SOE, no stipulations, no admitted evidence) prevented meaningful review. The Board granted removal, rescinded the December 20, 2023 Order, and returned the matter to the trial level for further proceedings, recommending a hearing to frame issues, admit evidence, and allow legal argument.

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.