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PanelQMEMed-legalGranted

Roque, Maria

MARIA ROQUE, Applicant vs. PALMDALE SCHOOL DISTRICT, Permissibly Self-Insured, administered by ADMINSURE INC., Defendants

ADJ number: ADJ16268064
Decision date: Date unavailable
District office: Van Nuys
WCJ: —
Claim administrator: AdminSure Inc.
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: multiple body parts (cumulative trauma), internal (diabetes)

LC §5502LC §5313LC §5903LC §5952LC §5952(d)CCR §10955CCR §10761CCR §10325CCR §10510CCR §10750CCR §10758CCR §10832CCR §10787

Summary

Maria Roque filed a cumulative trauma claim against the Palmdale School District (permissibly self-insured) for injuries from December 9, 2015 through July 27, 2021 while employed as a Monitor, later amending to add an internal injury (diabetes). After applicant filed a Petition for Additional QME Panels in internal medicine and psychiatry, the WCJ issued an Order on April 24, 2023 granting the additional panels without holding a hearing, taking testimony, or providing any reasoning or summary of evidence. Defendant sought removal, arguing there was no record to determine whether good cause existed for the additional panels. The Appeals Board granted removal, finding the WCJ failed to create an adequate evidentiary record and failed to explain the basis for the decision as required by Labor Code section 5313 and Hamilton. The Board rescinded the April 24, 2023 Order and returned the matter to the trial level for further proceedings.

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.