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PanelQMEMed-legalRemanded

Deloza, Christina

CHRISTINA DELOZA, Applicant vs. COUNTY OF SONOMA, permissibly self-insured, administered by INTERCARE INSURANCE SERVICES, Defendants

ADJ number: ADJ11443278
Decision date: Aug 20, 2023
District office: Santa Rosa
WCJ: —
Claim administrator: Intercare Insurance Services
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: bilateral shoulders

LC §4062.5LC §139.2LC §4062.1LC §4062.2LC §5904LC §5502CCR §38CCR §31.5CCR §35CCR §10955CCR §10759

Summary

Applicant Christina Deloza claimed bilateral shoulder injury while working for the County of Sonoma. After being evaluated by QME Dr. McCoy on March 22, 2021, the WCJ ordered a replacement panel and applicant was evaluated by replacement QME Dr. Ciepiela. The WCJ issued Minute Orders on September 28, 2021 barring Dr. McCoy's report from being provided to Dr. Ciepiela and ruling it inadmissible for any purpose. The Appeals Board, treating defendant's petition as a petition for reconsideration because it resolved a threshold issue but applying the removal standard since only an interlocutory finding was challenged, found there was no trial record (no Minutes of Hearing, stipulations, issues, or admitted evidence) for the September 28, 2021 hearing. Because the record was inadequate under Hamilton, the Board rescinded the Orders and returned the matter to the WCJ for further proceedings and a new decision.

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.