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PanelQMEMed-legalGranted in Part

Esther Dominguez — ADJ11700609

ESTHER DOMINGUEZ, Applicant vs. VENTURE HR; STATE NATIONAL INSURANCE CO.; administered by CANNON COCHRAN, Defendants

ADJ number: ADJ11700609
Decision date: Jul 28, 2022
District office: Los Angeles
WCJ: Kacey Keating
Claim administrator: Cannon Cochran (administrator for State National Insurance Co.)
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: foot, back, trunk, head, other body systems

LC §5900LC §5902LC §5903

Summary

Applicant Esther Dominguez claimed a cumulative trauma injury (Oct. 12, 2017 to Oct. 12, 2018) to her foot, back, trunk, head, and other body systems while employed as a production worker. The WCJ issued a May 2022 order compelling the applicant to attend a panel QME evaluation with Dr. Jennifer W. Hsu, which allegedly conflicted with a prior trial agreement of the parties to use QME Yanagahara from a specified panel list. Applicant filed a petition for reconsideration. The Board held the order compelling QME attendance was an interlocutory, non-final procedural/evidentiary order not subject to reconsideration, so it dismissed the petition for reconsideration and instead treated it as a petition for removal. Adopting the WCJ's report, the Board granted removal, rescinded the order, and returned the matter to the WCJ for further proceedings.

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.