WCPanelIQ
PanelQMEMed-legalDismissed

Willie Pratt — ADJ12961322

WILLIE PRATT, Applicant vs. MARSHALLS; ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number
ADJ12961322
Decision date
Sep 26, 2021
District office
Oakland
WCJ
—
Claim administrator
Zurich American Insurance Company
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, AMBER INGELS, DEPUTY COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER
LC §5900LC §5902LC §5903LC §4062.3CCR §10843CCR §10955

Summary

Applicant Willie Pratt sought reconsideration and removal of the WCJ's July 8, 2021 Order Denying Request for Replacement Panel QME. The Board held that the order denying a replacement QME panel is an interlocutory procedural/evidentiary decision rather than a final order, so it dismissed the petition to the extent it sought reconsideration. The Board denied removal because applicant failed to show substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy after a final decision. The Board noted that defendant's letter with enclosures to the QME was not an ex parte communication because applicant was copied, even though it did not comply with Labor Code section 4062.3(b), and per Suon such a violation does not mandate a replacement panel.

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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