WCPanelIQ
PanelQMEMed-legalGranted

Martin, Porsha

PORSHA MARTIN, Applicant vs. BAKERSFIELD BEHAVIORAL HOSPITAL; TRAVELERS PROPERTY & CASUALTY CO. OF AMERICA, administered by TRAVELERS, Defendants

ADJ number
ADJ12590930
Decision date
Mar 4, 2024
District office
Bakersfield
WCJ
—
Claim administrator
Travelers (administering Travelers Property & Casualty Co. of America)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: hand, wrist, shoulder, psyche, jaw, teeth, right elbow, back, GERD, headaches, digestive system

LC §4060LC §4061LC §4062LC §5313LC §5903LC §5952CCR §31.7CCR §32.6CCR §10510CCR §10750CCR §10758CCR §10787CCR §10832CCR §10955

Summary

Applicant Porsha Martin sought removal of a WCJ order that dismissed her petition for additional QME panels in dentistry, psychology, and internal medicine. The orthopedic QME, Dr. Rah, had deferred evaluation of applicant's psychological, dental, and internal medicine conditions to appropriate specialists, and defendant declined to agree to additional panels. The WCJ dismissed the petition without prejudice, advising applicant to submit Form 31.7 with Dr. Rah's report to the Medical Unit, but provided no hearing, record, or reasoning. The Appeals Board granted removal, finding the WCJ misapprehended Rule 31.7, which requires a WCJ to make a good cause determination before the Medical Director issues an additional panel in a represented case lacking party agreement. The Board rescinded the order and returned the matter for further proceedings to develop a record on whether good cause exists.

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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