Applicant Nora Corado, a housekeeper claiming numerous injuries from a September 8, 2020 incident, filed a DOR seeking an expedited hearing on entitlement to a medical-legal examination under Labor Code sections 5502(b)(3), 4060, and 4062.2 in a claim defendant had denied entirely. At the July 22, 2021 expedited hearing, the WCJ took the matter off calendar based on WCAB Rule 10782 and the Policy and Procedure Manual, which limit expedited hearings to claims with one or more admitted body parts. The WCJ later recommended granting removal and finding the rule invalid to the extent it conflicts with section 5502. The Appeals Board granted removal but declined to reach the rule-validity question, instead rescinding the Order because no evidentiary record was created and the dispute may be moot since applicant had already been evaluated by a chiropractic QME in March 2021. The Board returned the matter to the trial level to create a complete record and issue a new decision.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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