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PanelQMEGranted in Part

Montgomery, Tyra

TYRA MONTGOMERY, Applicant vs. LOS ANGELES UNIFIED SCHOOL DISTRICT; permissibly self-insured and administered by SEDGWICK GLENDALE, Defendants

ADJ number: ADJ11152345
Decision date: Aug 30, 2023
District office: Long Beach
WCJ: —
Claim administrator: Sedgwick Glendale (administering for Los Angeles Unified School District, permissibly self-insured)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: back, shoulders, neck, other body system, nervous system/psyche, hips, lower extremities

LC §5311CCR §10109CCR §10515CCR §10832CCR §10955CCR §10960

Summary

Tyra Montgomery, a special education assistant, claimed industrial injury to multiple body parts in December 2017. After protracted PQME discovery and disputes over an additional psyche panel, the WCJ continued a May 31, 2022 trial and ordered the Sedgwick claims adjuster to appear, citing Rule 10109, after defense counsel failed to appear in person. Defendant sought removal of that order and disqualification of the WCJ for alleged pre-judgment and due process violations. The Appeals Board granted removal and rescinded the order to compel the adjuster's appearance, finding the WCJ failed to create a record explaining why the appearance was necessary and failed to permit defendant to object (e.g., via a notice of intention). The Board denied disqualification, holding defendant's petition lacked detailed, verified facts establishing bias or pre-judgment under Labor Code section 5311 and Code of Civil Procedure section 641.

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.