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PanelQMEMed-legalGranted

Beckers, Russell

RUSSELL BECKERS, Applicant vs. NEDERLANDER THEATRICAL CORP.; VIGILANT INSURANCE COMPANY, administered by CHUBB, Defendants

ADJ number: ADJ10925934
Decision date: Mar 3, 2024
District office: Van Nuys
WCJ: —
Claim administrator: Chubb (administering for Vigilant Insurance Company)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, LISA A. SUSSMAN, DEPUTY COMMISSIONER

Injury / body parts: lumbar spine, thoracic spine, teeth

LC §5701LC §4062.3LC §5313CCR §10955CCR §10787

Summary

Applicant Russell Beckers, in pro per, sustained an industrial injury to his lumbar spine in 2012 and claimed additional injuries to his thoracic spine and teeth. At a trial on April 24, 2023, the WCJ sua sponte raised the issue of whether replacement QME panel #1570067 was invalid (because it included Dr. Darakjian, who had previously been struck from the original panel), and issued Orders striking the panel and Dr. Darakjian's reports and appointing Dr. Stephen Silbart as a regular physician under Labor Code section 5701. Defendant filed a Petition for Removal arguing its due process rights were violated because the panel validity issue was never raised by any party for trial and no record was created. The Appeals Board granted removal, finding the WCJ decided the matter without notice or an opportunity to be heard, causing substantial prejudice and irreparable harm. The Board rescinded the April 24, 2023 Orders and returned the matter to the trial level for further proceedings.

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.