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PanelMed-legalRemanded

Rincon, Veronica

VERONICA RINCON, Applicant vs. THE PERMANENTE MEDICAL GROUP INC. Permissibly Self Insured; administered by ATHENS ADMINISTRATORS, Defendants

ADJ number: ADJ11612609
Decision date: May 29, 2023
District office: San Jose
WCJ: —
Claim administrator: Athens Administrators
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: bilateral wrists, psyche, left shoulder, cervical spine

LC §5313LC §5900LC §5902LC §5903LC §5952CCR §10628CCR §10629CCR §10832CCR §10955

Summary

Applicant Veronica Rincon, in pro per, sought reconsideration of the WCJ's October 7, 2022 order compelling her to attend an AME re-evaluation with Dr. Ronald Fujimoto, asking that he be removed from her case because she did not feel safe seeing him again. The WCJ issued the order just one day after defendant filed its petition to compel, without holding a hearing or issuing a Notice of Intention (NOI). The Board determined the order was a non-final interlocutory discovery order, so it dismissed the petition for reconsideration and treated it as a petition for removal. The Board found that the WCJ violated applicant's due process rights by failing to provide notice and an opportunity to be heard, and by failing to create a record for review. The Board granted removal, rescinded the October 7, 2022 order, and returned the matter to the trial level for further proceedings.

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.