WCPanelIQ
PanelQMEMed-legalDenied

Maria Galiz — ADJ12809767

MARIA GALIZ, Applicant vs. BENITEZ BROTHERS; STAR INSURANCE COMPANY, administered by MEADOWBROOK INSURANCE, Defendants

ADJ number
ADJ12809767
Decision date
Oct 3, 2021
District office
Fresno
WCJ
—
Claim administrator
Meadowbrook Insurance (administering Star Insurance Company)
Commissioners
DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
LC §5904LC §5813CCR §10628CCR §10500CCR §10843CCR §10955

Summary

Defendant petitioned for reconsideration of a WCJ's November 10, 2020 Findings of Fact and Opinion on Decision, which included a threshold finding and a finding that QME panel number 7313432 was validly issued. Because the decision resolved a threshold issue, it was technically subject to reconsideration; however, since defendant only challenged the interlocutory finding regarding QME panel validity, the Appeals Board applied the removal standard. The Board found defendant failed to demonstrate significant prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The Board affirmed the WCJ's decision but noted that defendant could still challenge the appropriateness of the panel specialty on remand, and could pursue sanctions for bad faith tactics if it wished. The Board also corrected the district office's improper practice of designating a party to serve a final decision rather than serving all parties itself.

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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