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PanelQMEMed-legalDenied

Lynni Gard — ADJ13758829, ADJ13768013

LYNNI GARD, Applicant vs. ADI WORLDLINK; ATLANTIC SPECIALTY INSURANCE COMPANY, adjusted by INTACT INSURANCE SPECIALTY SOLUTIONS, Defendants

ADJ number: ADJ13758829, ADJ13768013
Decision date: Nov 1, 2021
District office: San Jose District Office
WCJ: —
Claim administrator: Intact Insurance Specialty Solutions (adjusting for Atlantic Specialty Insurance Company)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §5904CCR §10843CCR §10955

Summary

Applicant Lynni Gard filed two claim forms with two adjudication numbers against ADI Worldlink, insured by Atlantic Specialty Insurance Company (adjusted by Intact Insurance Specialty Solutions). The WCJ's August 12, 2021 Findings and Order resolved threshold issues of employment and AOE/COE, and also addressed an interlocutory discovery dispute regarding the defendant's request for multiple QME panels. Defendant petitioned for reconsideration/removal challenging only the discovery finding. The Board, applying the removal standard because the petitioner challenged only an interlocutory issue, found no significant prejudice or irreparable harm and agreed with the WCJ that, under the Labor Code and Navarro, only one panel should have been requested to evaluate all pending claims. The petition was denied.

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.