WCPanelIQ
PanelQMEMed-legalDismissed

Sehorn, Scott

SCOTT SEHORN, Applicant vs. DAVE & BUSTER’S, INC.; ACE AMERICAN INSURANCE COMPANY, ADMINISTERED BY ESIS, Defendants

ADJ number
ADJ10717582
Decision date
Mar 27, 2023
District office
Marina Del Rey
WCJ
—
Claim administrator
ESIS (administering ACE American Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
LC §5903LC §5900LC §5902LC §5701LC §5703.5LC §5706LC §5906CCR §35.5CCR §10964CCR §10605CCR §10955CCR §10330CCR §10410

Summary

Defendant sought reconsideration and removal of the January 3, 2023 Amended Findings of Fact and Order, in which the WCJ declined to strike the reports and deposition transcript of AME Dr. Tye Ouzounian, found no violation of AD Rule 35.5(f), and found no due process violation regarding deposing the AME. The WCJ also ordered the parties to refrain from submitting advocacy letters to a regular physician appointed under section 5701. The Board found defendant's petition timely (allowing five extra days under WCAB Rule 10605 for email service) but determined the F&A contained no final or threshold order, so it dismissed the petition for reconsideration. Treating the matter as a petition for removal, the Board found no abuse of discretion and no showing of irreparable harm or substantial prejudice, and denied removal.

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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