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PanelQMEMed-legalDenied

Daniel Hazen — ADJ13462646

DANIEL HAZEN, Applicant vs. PORTERVILLE UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by KEENAN & ASSOCIATES, Defendants

ADJ number: ADJ13462646
Decision date: Jun 26, 2022
District office: Fresno
WCJ: —
Claim administrator: Keenan & Associates
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: cervical spine

LC §4060LC §4061LC §4062LC §4062.1LC §4062.2LC §4610LC §5904LC §5909CCR §10325CCR §10955

Summary

Applicant's PTP Dr. Durazo found him permanent and stationary with 8% WPI for the cervical spine. On April 1, 2020, defendant's claims examiner sent a Notice of Permanent Disability stating a blanket disagreement with the physician's findings, then obtained QME panel number 2553622 while applicant was unrepresented. After applicant retained counsel on June 22, 2020, defendant requested a replacement panel (2584333) under Romero without serving a section 4061/4062 objection. The WCJ found the April 1, 2020 Notice was not a valid objection because it failed to specify which findings were disputed, invalidating panel 2553622, and the WCAB agreed the replacement panel was also invalid because defendant never served a proper objection before requesting a panel under section 4062.2. The Board treated the petition as one for reconsideration (because a threshold AOE/COE finding existed) but applied the removal standard since only interlocutory panel issues were challenged, and denied the petition.

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.