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Jasbir Basi — ADJ14238444

JASBIR BASI, Applicant vs. A PLUS ACADEMICS, MONTESSORI SCHOOL OF MODESTO; PROCENTURY INSURANCE COMPANY, administered by ILLINOIS MIDWEST INSURANCE AGENCY, LLC, Defendants

ADJ number
ADJ14238444
Decision date
Nov 22, 2021
District office
Sacramento
WCJ
—
Claim administrator
Illinois Midwest Insurance Agency, LLC (administering ProCentury Insurance Company)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: bilateral legs, ankles, feet, toes

LC §4062.3LC §4060LC §4064LC §5703LC §5903LC §5952LC §5708CCR §10955CCR §10414

Summary

Applicant Jasbir Basi claimed cumulative injury to her bilateral legs, ankles, feet and toes while working as a teacher; defendant denied the claim. Defendant noticed the deposition of David Wells, DPM, applicant's treating podiatrist, to develop evidence on causation. Applicant moved to quash, arguing causation must be addressed through the QME process, and the WCJ quashed the deposition on August 25, 2021 and again the rescheduled deposition on September 7, 2021. Defendant sought removal, asserting it would suffer substantial prejudice and irreparable harm. The Appeals Board granted removal, rescinded both quashing orders, and returned the matter to the WCJ, holding that deposing a treating physician falls within broad permissible discovery and supports the goal of obtaining substantial evidence.

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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