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PanelQMEMed-legalGranted in Part

Wyatt Mitcham — ADJ7965556

WYATT MITCHAM, Applicant vs. APPSHOSTING, INC.; BYUNG SAM YUN, ASHOK BALASUBRAMANIAN and LARRY WENSHAN ZHAO, individuals and substantial shareholders, Defendants

ADJ number: ADJ7965556
Decision date: Sep 13, 2022
District office: Anaheim District Office
WCJ: —
Claim administrator: —
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck (cervical spine), back, bilateral wrists, bilateral shoulders, psyche, circulatory system, internal

LC §5900LC §5902LC §5903LC §5313CCR §10945CCR §10843CCR §10955CCR §10544CCR §10325

Summary

Defendant petitioned for reconsideration, or alternatively removal, challenging the WCJ's January 19, 2022 Order taking the matter off calendar and ordering further development of the record, including amendment of applications to add the neck, obtaining an internal medicine PQME, and reevaluation by the regular physician. The Board dismissed the petition for reconsideration because the orders were interlocutory and not 'final,' but treated the petition as one for removal and granted it. The Board found that no documents or testimony were admitted into evidence at the January 19, 2022 hearing, leaving no evidentiary record from which it could evaluate the basis for the WCJ's orders, in violation of due process and Labor Code section 5313. The Board rescinded the January 19, 2022 orders and returned the matter to the WCJ for further proceedings consistent with its opinion.

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.