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PanelQMEMed-legalDenied

Davidson, Todd

TODD DAVIDSON, Applicant vs. PACIFIC PETROLEUM CALIFORNIA, INC.; COACTION INSURANCE CO. AKA NEW YORK MARINE AND GENERAL INSURANCE CO., adjusted by LWP CLAIMS SOLUTIONS INC., Defendants

ADJ number: ADJ16333630
Decision date: Nov 30, 2023
District office: Santa Barbara
WCJ: —
Claim administrator: LWP Claims Solutions Inc. (adjusting for Coaction Insurance Co. aka New York Marine and General Insurance Co.)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: orthopedic injury (unspecified, evaluated by ortho/QME)

CCR §10955

Summary

Defendant Pacific Petroleum California, Inc. and its insurer sought removal in response to a WCJ's order setting the matter for trial on the issue of temporary disability, arguing it would be significantly prejudiced if forced to proceed on the current record and that the record required further development given a pending supplemental report from ortho/QME Dr. Keith Robertson. The Appeals Board reviewed the petition and the WCJ's report and found that defendant failed to demonstrate substantial prejudice or irreparable harm. The Board noted that removal is an extraordinary remedy and that defendant could raise the issue of further development of the record at trial. The Petition for Removal 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.