Noble, Novella

Applicant Novella Noble initially filed a cumulative trauma claim (ADJ11233436) to the right knee, was evaluated by orthopedic QME Dr. Uppal who attributed her condition to a specific injury rather than cumulative trauma, and then dismissed that CT claim with prejudice while simultaneously filing a new specific injury claim (ADJ13490319) and requesting a new QME panel in pain medicine. The WCJ found applicant was not entitled to a new QME. On reconsideration, the Appeals Board applied its en banc decision in Navarro v. City of Montebello and held that the Labor Code permits a new QME evaluator for each injury reported on a separate claim form, so applicant was entitled to a new QME. The Board rescinded the F&A and substituted a finding that applicant need not return to Dr. Uppal and is entitled to a new QME evaluation. The Board noted an appearance of impropriety but found the record insufficient to determine bad faith, deferring the issues of costs and sanctions for further development.