WCPanelIQ
PanelQMEMed-legalGranted

Rosa Reyes — ADJ12575329

ROSA REYES, Applicant vs. STAFFING NETWORK; ESIS, INC., Defendants

ADJ number
ADJ12575329
Decision date
May 18, 2021
District office
Oakland
WCJ
—
Claim administrator
ESIS, Inc.
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: back

LC §5313CCR §10843CCR §10955CCR §10544CCR §10750CCR §10341CCR §10325

Summary

Applicant Rosa Reyes sought removal of a January 19, 2021 WCJ Order finding that defendant obtained a valid QME panel list and that there was no good cause to invalidate it. The dispute centered on competing QME panels, with applicant arguing defendant used an incorrect date of injury (April 15, 2020) instead of the correct cumulative trauma period (July 29, 2018 through July 29, 2019), and that the panels listed different employers. The Appeals Board found that the documents referenced in the WCJ's Report were never admitted into evidence and were not in the EAMS adjudication file, leaving no evidentiary record to evaluate the basis for the WCJ's Order. The Board granted removal, rescinded the January 19, 2021 Order, and returned the matter to the trial level for further proceedings and a decision supported by an adequate record.

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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