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PanelQMEMed-legalGranted

Castillo, Maria Ericka

MARIA ERICKA CASTILLO, Applicant vs. CANO HEALTH, LLC; THE HARTFORD, Defendants

ADJ number: ADJ18073365
Decision date: Jan 11, 2024
District office: Santa Ana
WCJ: —
Claim administrator: The Hartford
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: hands, neck, back, head, shoulders

LC §5313LC §5815LC §5900LC §5902LC §5903CCR §30CCR §10955CCR §10803

Summary

Applicant Maria Ericka Castillo sought reconsideration of a WCJ's Findings and Order finding that defendant properly served a PQME panel list and associated documents on September 6, 2023, under AD Rule 30(b)(1)(C), and that no good cause existed for a replacement panel. Applicant disputed timely service, noting the envelope was postmarked September 8, 2023, that supporting documents were not attached, and that the strike letter timing and proof of service were problematic. The Board treated the petition under the removal standard because the only challenged findings were interlocutory (the threshold employment finding was unchallenged). The Board found the WCJ failed to address applicant's arguments regarding missing supporting documentation and the postage discrepancy, and failed to make findings on all issues framed at trial. The Board granted the petition, rescinded the F&O, and returned the matter to the trial level for further proceedings and development of the record.

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.