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PanelQMEDismissed

Marquez, Ana

ANA MARQUEZ, Applicant vs. NINE INCH NAILS ETC; NEW YORK MARINE AND GEN INS CO; LWP CLAIMS SACRAMENTO, Defendants

ADJ number: ADJ17401990
Decision date: Jun 8, 2023
District office: Van Nuys
WCJ: —
Claim administrator: LWP Claims Sacramento (TPA for New York Marine and General Insurance Co.)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: wrist (left)

LC §5803LC §5702LC §4060LC §4062.3LC §5313LC §5701LC §5906CCR §10700

Summary

Applicant Ana Marquez, acting in pro per, settled her July 10, 2020 left wrist injury claim via a Compromise and Release based on a PTP report finding 0% impairment but recommending future medical care. After signing the C&R, she alleged she attempted to withdraw before defendant accepted and before WCJ approval, and that she was unaware she was waiving future medical care and her right to a panel QME evaluation. The WCJ issued an Order Approving C&R on March 8, 2023 without holding a hearing, and applicant petitioned for reconsideration. The Board held that because no hearing was held, the record was insufficient to determine whether a contract was formed, whether applicant withdrew, and whether the settlement was adequate. The Board dismissed the petition as premature and returned the matter to the trial level, recommending the WCJ treat it as a petition to set aside the OACR and set a hearing.

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.