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PanelQMEMed-legalGranted

Aguirre, Patrick

PATRICK AGUIRRE, Applicant vs. CALIFORNIA INSTITUTION FOR MEN, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ12301639
Decision date: Nov 16, 2025
District office: Santa Barbara
WCJ: —
Claim administrator: State Compensation Insurance Fund (administering for California Institution for Men, legally uninsured)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §5313LC §5701LC §5903LC §5906LC §5952CCR §10682CCR §10761CCR §10955

Summary

Defendant petitioned for removal from a WCJ's October 30, 2024 Orders that, among other things, struck the reports of the QME (Dr. Mabry-Height) from the record, directed further development of the record, and vacated submission. The WCJ found the QME reporting deficient and appointed a regular physician. The Appeals Board agreed the QME reporting was deficient and that appointing a regular physician was proper, but held that a report's failure to constitute substantial medical evidence goes to weight, not admissibility, and is not a sufficient basis to strike a report. The Board granted removal, rescinded the October 30, 2024 Orders, and substituted a new order vacating submission and deferring the issue of striking the QME reports, returning the matter to the trial level.

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.