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Annalisa Palmore — ADJ16034585

ANNALISA PALMORE, Applicant vs. STATE OF CALIFORNIA, Legally Uninsured c/o STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ16034585
Decision date: Jan 18, 2023
District office: Salinas
WCJ: —
Claim administrator: State Compensation Insurance Fund (for State of California, Legally Uninsured)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: psyche

LC §4064LC §5703LC §5708LC §4628LC §5904CCR §31.5CCR §10955

Summary

Applicant Annalisa Palmore sought removal of a June 8, 2022 Findings and Order in which the WCJ found that defendant substantially complied with CCR title 8 section 31.5(a)(12), ordered Dr. Scheinbaum replaced as the panel QME, and found his November 16, 2021 report inadmissible. The Appeals Board treated the petition as one for removal because the petitioner only challenged interlocutory findings even though the decision contained a final/threshold finding. The Board affirmed the order replacing Dr. Scheinbaum as PQME but granted removal to amend the finding so that Dr. Scheinbaum's report is admissible. The Board reasoned that statutory and case law favor admissibility of medical reports obtained per the Labor Code, and that section 4628 did not bar admission because Dr. Scheinbaum personally performed the records review, testing, and evaluation. The replacement panel was ordered in the specialty of psychiatry.

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.