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Lon Martinsen — ADJ7436343

LON MARTINSEN, Applicant vs. H&H ENTERPRISES, INC.; ZENITH INSURANCE COMPANY, Defendants

ADJ number: ADJ7436343
Decision date: Apr 21, 2022
District office: Santa Rosa
WCJ: —
Claim administrator: Zenith Insurance Company
Commissioners: JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: right hand, psyche

LC §4062.3LC §5904LC §5903LC §5952LC §5313CCR §10787CCR §41.5

Summary

Applicant Lon Martinsen claimed injury to the right hand and psyche while employed by H&H Enterprises. After trial, the WCJ found that the panel QME's office (Dr. Madrid) engaged in ex parte communication with applicant's attorney's office in violation of Labor Code section 4062.3, struck the QME's reports, removed the QME, ordered a new psychology panel, and reopened discovery on all issues. Applicant sought removal/reconsideration, arguing no improper ex parte contact occurred and that the remedy was too severe. The Board determined that the WCJ's decision was a final order (because it included an AOE/COE finding) and found the evidentiary record incomplete because defendant's Exhibit GG (subpoenaed QME records) was never filed in EAMS. The Board rescinded the FA&O and returned the matter to the trial level to create a complete record and issue a new decision.

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.