WCPanelIQ
PanelDenied

Thomas McMillan, Leeann

LEEANN P. THOMAS MCMILLAN, Applicant vs. LOS ANGELES COUNTY DISTRICT ATTORNEY, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number
ADJ353229
Decision date
Nov 20, 2025
District office
Los Angeles
WCJ
—
Claim administrator
Sedgwick Claims Management Services, Inc.
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PAUL F. KELLY, COMMISSIONER

Injury / body parts: psyche, bilateral wrists, bilateral elbows, bilateral shoulders, dental, upper gastrointestinal tract, rheumatology, hypertension

LC §4600LC §4610LC §4610.5LC §4610.6LC §5501.6LC §5803LC §5900LC §5905LC §5909

Summary

Defendant, the permissibly self-insured Los Angeles County District Attorney administered by Sedgwick, sought reconsideration of an August 13, 2025 Joint Findings of Fact and Order holding that the parties remained bound by their prior stipulations to submit home health care disputes to AME Dr. Michael Luciano for final determination. The parties had entered into stipulations in 2015 and 2021 expressly displacing home health care disputes from the UR/IMR process. Defendant argued that an April 18, 2024 order denying its change of venue petition (which stated home health care issues are determined by UR/IMR), applicant's use of the IMR process, and applicant's failure to timely appoint a treating physician all superseded or waived the stipulation. The Board, applying Wiggs and Dubon II, held the parties' valid stipulations displaced the UR/IMR process, the venue order made only a general statement that did not void the prior awards, applicant did not waive enforcement by pursuing IMR in the alternative, and any noncompliance is addressed through enforcement under section 5803. The Petition for Reconsideration was denied.

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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