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Brian Collins — ADJ10939613

BRIAN COLLINS, Applicant vs. CITY OF VACAVILLE, administered by INNOVATIVE CLAIMS SOLUTIONS, INC., Defendants

ADJ number: ADJ10939613
Decision date: Apr 20, 2021
District office: Sacramento
WCJ: —
Claim administrator: Innovative Claims Solutions, Inc.
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: right ankle, left shoulder

LC §5903LC §5952LC §5313CCR §10566CCR §10787

Summary

Applicant Brian Collins, a Vacaville police officer, sought removal of a WCJ Order directing him to attend a QME examination with Dr. Daniel D'Amico after both parties struck the same physician (Dr. Welborn) from the QME panel. Applicant contended that when both parties strike the same doctor, a new panel must be issued. The WCJ issued the Order based on the parties' trial briefs and attached exhibits, but no evidence was ever admitted into the record. The Appeals Board granted removal, finding it could not determine whether the WCJ's decision was supported by substantial evidence because no evidentiary record had been created. The Board rescinded the Order and returned the matter to the trial level to create a complete evidentiary record and issue a new decision, expressly declining to rule on the merits of the QME panel dispute.

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.