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PanelQMEMed-legalGranted in Part

Martha Romero — ADJ8725567

MARTHA ROMERO, Applicant vs. IHSS STATE OF CALIFORNIA, legally uninsured, Defendants

ADJ number: ADJ8725567
Decision date: May 19, 2021
District office: Van Nuys
WCJ: —
Claim administrator: IHSS State of California (legally uninsured)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: knees, shoulders, neck, trunk, ankles, low back, stroke

LC §5909LC §5900LC §5902LC §5903LC §5701LC §5906CCR §10843CCR §10955CCR §31.7CCR §32.6

Summary

Applicant Martha Romero sought reconsideration of a January 19, 2021 F&O in which the WCJ denied her requests for a replacement orthopedic QME panel and an additional neurology QME panel, while deferring temporary disability pending development of the orthopedic record. The Board first invoked Shipley to find its delayed action was tolled due to procedural error. It then held the F&O was not a final order, so the petition was dismissed to the extent it sought reconsideration. Treating the petition as one for removal, the Board denied relief on the orthopedic panel but granted removal to find good cause for an additional neurology QME panel to evaluate the causation of applicant's stroke, since the cause of the stroke is a medical question that the orthopedic QME cannot address. The F&O was otherwise affirmed and amended to add the neurology 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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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.