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PanelQMEMed-legalDenied

Vergara, Josie

JOSIE VERGARA, Applicant vs. COMPASS GROUP; AIU INSURANCE COMPANY, Defendants

ADJ number: ADJ19167634
Decision date: Date unavailable
District office: San Jose
WCJ: —
Claim administrator: AIU Insurance Company
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER

Injury / body parts: lumbar spine

LC §5900LC §5902LC §5903LC §5702LC §4060LC §4061LC §4062.2CCR §30CCR §10955CCR §10517

Summary

Applicant Josie Vergara sought removal of a WCJ's October 7, 2024 Findings of Fact that invalidated QME panel number 7695740 because applicant's May 21, 2024 panel request listed an incorrect claim number, incorrectly identified the primary treating physician, and was not timely served on defense counsel. The Board first determined that the WCJ's decision addressed only the interim procedural issue of QME panel selection, so the removal standard (not reconsideration) applied. Relying on its prior panel decisions in Sidahmed and Silveira, the Board agreed that a correct claim number is essential for due process and that parties must strictly comply with AD Rule 30. Finding no substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy if a final adverse decision later issued, the Board denied removal.

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.