WCPanelIQ
PanelQMEMed-legalGranted

John Dzambik — ADJ12656490

JOHN DZAMBIK, Applicant vs. ISHAAN ENTERPRISE, INC.; MARKEL CORPORATION OF AMERICA, Defendants

ADJ number
ADJ12656490
Decision date
Nov 3, 2021
District office
Oakland
WCJ
—
Claim administrator
Markel Corporation of America
Commissioners
—

Injury / body parts: head, left shoulder, low back, left arm, psyche, back, arm

LC §4062.2LC §4062LC §4062.1LC §4060LC §4061LC §4610LC §4610.5LC §5904LC §5909LC §5702CCR §10450CCR §10510

Summary

Applicant and defendant agreed via email to use Dr. Daniel Shalom as an AME in neurology on October 29, 2020, but applicant attempted to withdraw the very next day after 'further research' and again after a deposition. The WCJ found applicant could withdraw because the request was in good faith, with sufficient notice, and made before any evaluation, relying on Yarbrough. Defendant sought review, arguing Labor Code section 4062.2(f) bars unilateral withdrawal from an AME agreement. The Board majority granted reconsideration, rescinded the F&O, and held that an AME agreement may only be canceled by mutual written consent, rejecting the Yarbrough panel's contrary interpretation. The parties were ordered to proceed with discovery using Dr. Shalom. Commissioner Razo dissented, agreeing with Yarbrough that section 4062.2(f) only addresses withdrawal after an evaluation has occurred.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.