Applicant Eddie Lara III settled a first cumulative injury claim (ADJ11401487) involving QME Dr. Shah, then filed a subsequent cumulative injury claim (ADJ12430291) to different body parts. Defendant inexplicably set an appointment with Dr. Shah (the prior case's QME, who was not an AME) for the new claim, and Dr. Shah found no industrial injury. The WCJ found applicant was 'doctor shopping' and waited too long to seek a new QME, denying applicant's request for another QME. On reconsideration, the WCAB applied Navarro v. City of Montebello and held that applicant is entitled to a new QME for the subsequent claim, is not required to return to Dr. Shah, and that 'doctor shopping' is not part of the QME entitlement analysis. The Board affirmed the F&O as amended, granting the request to proceed with a panel QME and deferring AOE/COE.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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