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Alvaro Munoz — ADJ13545767

ALVARO MUNOZ, Applicant vs. CASCADE DRILLING; ESIS; ACE AMERICAN INSURANCE COMPANY, Defendants

ADJ number: ADJ13545767
Decision date: Feb 17, 2022
District office: Sacramento
WCJ: —
Claim administrator: ESIS (TPA) for ACE American Insurance Company
Commissioners: KATHERINE ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: right wrist, right upper extremity

LC §4062.5LC §4062.1LC §4062.2LC §139.2CCR §31.5CCR §38CCR §10955

Summary

Applicant Alvaro Munoz, a driller helper, sustained injury to his right wrist and claimed right upper extremity injury on February 4, 2020. QME Dr. Stuart Rubin examined applicant on January 14, 2021 but did not serve his initial report until March 9, 2021. Applicant objected to the late report and requested a replacement QME panel on the same day the report was served (March 9, 2021). The WCJ ordered a replacement panel in the Pain Medicine specialty under Rule 31.5(a)(12), and defendant sought removal. The Appeals Board treated the petition as one for reconsideration (because the F&O contained a threshold AOE/COE finding), granted reconsideration, and rescinded the F&O, holding that a party must object to an untimely QME report PRIOR to the date the report is served, which applicant failed to do.

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.