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PanelQMEMed-legalGranted

Escamilla, Michelle

MICHELLE ESCAMILLA, Applicant vs. UPS; LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number: ADJ15448122
Decision date: Jun 26, 2023
District office: Pomona
WCJ: Sharon Bernal
Claim administrator: Liberty Mutual Insurance Company
Commissioners: —

Injury / body parts: knee

LC §4060LC §4061LC §4062LC §4062.1LC §4062.2LC §4610LC §5904LC §5909LC §139.2CCR §11CCR §11.5CCR §14CCR §30.5CCR §31.1CCR §31.5CCR §41CCR §10955

Summary

Applicant Michelle Escamilla, a UPS loader/unloader, sustained a knee injury on September 23, 2021. As the first party to request a QME panel in this represented case, she obtained Chiropractic Panel Number 7479827. Defendant objected, arguing that orthopedic surgery was the proper specialty, and the Medical Unit deferred the dispute to the WCAB. After a WCJ initially invalidated the chiropractic panel, the WCJ issued a report recommending the panel be validated, and the Appeals Board adopted that reasoning (correcting an apparent clerical error in the report). The Board held that a chiropractor may serve as a QME and that a chiropractic panel is not medically or otherwise inappropriate to evaluate a knee injury, rescinding the prior decision and ordering the parties to utilize the chiropractic 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.