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PanelQMEMed-legalDismissed

Fidel Flores — ADJ12603668

FIDEL FLORES, Applicant vs. BARRETT BUSINESS SERVICES, INC.; CHUBB INSURANCE; administered by CORVEL, Defendants

ADJ number: ADJ12603668
Decision date: Jan 6, 2022
District office: Los Angeles
WCJ: —
Claim administrator: CorVel (administering for Chubb Insurance)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER

LC §5909LC §5900LC §5902LC §5903CCR §10843CCR §10955CCR §30

Summary

Applicant Fidel Flores filed a Petition for Reconsideration challenging the WCJ's August 17, 2021 Findings and Order regarding a QME panel dispute. The Board found the order was an intermediate procedural order, not a final order, so it dismissed the reconsideration petition and treated it as a petition for removal. The Board addressed the Shipley tolling issue because it had not acted within 60 days under Labor Code section 5909. On the merits, although defendant improperly obtained Panel 7396392 by failing to submit documentation required by Rule 30(b), the Board found applicant waived the objection by failing to timely object, instead requesting a replacement panel, going through the strike process for a different panel, scheduling with the wrong doctor, and not responding to defendant. The Board denied removal, finding no substantial prejudice or irreparable harm.

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.