JAMES BARRERA, Applicant vs. STATE OF CALIFORNIA, RICHARD A. MCGEE TRAINING CENTER, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency, Defendants
ADJ number
ADJ13437168
Decision date
Jun 29, 2023
District office
Santa Barbara
WCJ
Jody L. Eaton
Claim administrator
State Compensation Insurance Fund / State Contract Services (Adjusting Agency)
Commissioners
—
Injury / body parts: ear, neck, circulatory system, digestive system, hearing, hypertension, cervical spine, right shoulder, bilateral elbows, right hand, lumbar spine, left hip, feet, gastrointestinal (GERD)
James Barrera filed a cumulative trauma claim against the State of California (Richard A. McGee Training Center, legally uninsured, adjusted by SCIF) alleging injury to numerous body parts including the circulatory system and hypertension. The parties used Dr. Prerna Khanna as an internal PQME, who during cross-examination admitted consulting an unidentified cardiologist about the case but refused to disclose his identity. After the defendant petitioned for sanctions and costs alleging the applicant's Labor Code section 4628 petition was frivolous, the WCJ found no section 4628 violation, declined to award sanctions or costs, and ordered an additional QME panel in cardiology. The defendant petitioned for reconsideration and removal. The Appeals Board denied both, adopting the WCJ's report, finding the sanctions ruling was a final order properly denied and the cardiology panel order was an interlocutory order that did not warrant removal under the prejudice/irreparable harm standard.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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