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PanelQMEMed-legalDenied

Reina Morales — ADJ11973646, ADJ11973645, ADJ11973644

REINA MORALES, Applicant vs. RALPH LAUREN CORPORATION and SAFETY NATIONAL CASUALTY CORPORATION, administered by CORVEL CORPORATION, Defendants

ADJ number: ADJ11973646, ADJ11973645, ADJ11973644
Decision date: Dec 21, 2022
District office: Stockton
WCJ: —
Claim administrator: CorVel Corporation (administering for Safety National Casualty Corporation)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER

Injury / body parts: back/spine, nervous system, cardiovascular system, psyche

LC §4062.2LC §5904LC §5806CCR §10955CCR §10330

Summary

Applicant Reina Morales, a retail clerk, claimed industrial injury to her back/spine, nervous system, and cardiovascular system. Her attorney requested and obtained internal medicine QME Panel #7411683 issued May 13, 2021, and counsel's staff claimed to have served defendant the same day. Defendant disputed receipt, sending emails on May 28 and June 2, 2021 requesting a copy, and after receiving the panel via a June 4, 2021 letter, struck Dr. Mahmoudi on June 10, 2021. The WCJ found defendant did not receive the panel as originally served and that its strike was therefore timely. On reconsideration, the WCAB agreed with the WCJ that the strike was timely but rescinded the F&O solely to correct a clerical error misidentifying the parties, substituting its own Opinion and Decision After Reconsideration without changing the outcome.

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.