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PanelQMEMed-legalDenied

Jacobs, Sharquent

SHARQUENT JACOBS, Applicant vs. TRIDENT MARITIME SYSTEMS; TRAVELERS DIAMOND BAR, Defendants

ADJ number: ADJ15208827
Decision date: Feb 19, 2024
District office: San Diego
WCJ: —
Claim administrator: Travelers Property Casualty Company of America
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: right shoulder, right upper back, cervical spine, right wrist, lumbar spine, right upper extremities

LC §4061LC §4062.1LC §4062.2LC §4062.3LC §4605CCR §10955

Summary

Applicant Sharquent Jacobs, a welder who sustained an industrial injury to her right shoulder and right upper back on December 21, 2020, sought removal or reconsideration of a WCJ's Findings and Order permitting the IME reports of James Fait, M.D., obtained in her concurrent Longshore and Harbor Workers' Compensation Act (LHWCA) case, to be provided to her PTP and QME in the California workers' compensation proceeding. Applicant argued that Dr. Fait's reports, prepared under 33 USC § 907(d)(4), were inadmissible under Labor Code sections 4061(i) and 4062.2. The Board found that reliance on Batten v. WCAB was misplaced because Dr. Fait was not privately retained solely to rebut the QME's opinion, and that section 4062.3(a) broadly permits providing medical records relevant to the medical issues to a QME. Because applicant challenged only an interlocutory evidentiary determination, the Board applied the removal standard and found no significant prejudice or irreparable harm. The Petition was denied.

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.