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PanelQMEMed-legalGranted

Mina Lewinstein — ADJ11024968, ADJ11024988

MINA LEWINSTEIN, Applicant vs. ABRA MANAGEMENT; ACE AMERICAN INSURANCE COMPANY, Defendants

ADJ number: ADJ11024968, ADJ11024988
Decision date: Feb 24, 2022
District office: Van Nuys
WCJ: —
Claim administrator: ACE American Insurance Company
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: right leg, right ankle, right foot, right toes, psyche, low back, sleep disorder, internal system, stomach, irritable bowel syndrome, GERD

LC §4062.3LC §4062.1LC §4062.2LC §3208.3CCR §35CCR §10955CCR §10682

Summary

Applicant Mina Lewinstein, a property manager, claimed two injuries involving multiple body parts including psyche. Psychiatric QME Dr. Donald Stanford evaluated her in April 2020 and subsequently called her by phone to ask follow-up questions about psychiatric stressors revealed in her medical records. The WCJ found these post-examination calls constituted impermissible ex parte communication and ordered a replacement QME panel. Defendant sought removal, arguing the communications fell within the exception of Labor Code section 4062.3(i) for communications by the employee in connection with the examination. The Appeals Board granted removal, rescinded the Joint F&O, and held there was no basis to strike Dr. Stanford or for a replacement panel because the calls were made with applicant's permission and were in connection with the psychiatric examination.

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.