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Pacheco, Adriana

ADRIANA PACHECO, Applicant vs. CALICO BUILDING SERVICES, INC.; BERKSHIRE HATHAWAY HOME STATE INSURANCE COMPANY, dba BERKSHIRE HATHAWAY HOME STATE COMPANIES, Defendants

ADJ number: ADJ11662102
Decision date: Oct 8, 2023
District office: Oakland
WCJ: —
Claim administrator: Berkshire Hathaway Homestate Insurance Company, dba Berkshire Hathaway Homestate Companies
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: neck, right shoulder

LC §4062.3CCR §10955

Summary

Applicant Adriana Pacheco settled a 2018 neck and right shoulder injury claim by stipulated award in July 2019, with Dr. Fred Blackwell serving as the panel QME. After filing a petition to reopen in January 2022 and obtaining an order allowing reevaluation with Dr. Blackwell, applicant served a cover letter on the QME without serving defendant 20 days in advance as required by Labor Code section 4062.3(b). The WCJ found the violation and granted defendant a replacement QME panel. On removal, the Appeals Board affirmed the finding of a 4062.3(b) violation but held the WCJ erred by ordering a replacement panel without analyzing the Suon factors. Applying Suon, the Board concluded the violation's prejudicial impact did not warrant dismissing Dr. Blackwell, particularly given his years-long involvement with the case, and amended the F&O to deny defendant's request for a replacement panel.

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.