WCPanelIQ
PanelQMEMed-legalDismissed

Christina Lopez — ADJ7805319

CHRISTINA LOPEZ, Applicant vs. EDMUNDO RUIZ DAVILLA MD, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

ADJ number
ADJ7805319
Decision date
Apr 11, 2021
District office
Oakland
WCJ
—
Claim administrator
Travelers Property Casualty Company of America
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Summary

Applicant Christina Lopez sought removal of the WCJ's November 30, 2020 Order compelling her to attend a medical examination with Dr. Kremen on December 2, 2020, alleging a due process violation because she did not receive notice that defendant's Petition to Compel would be heard on November 12, 2020. Defendant did not file an answer, and the WCJ recommended denial of removal. The Board noted that applicant's own March 11, 2021 petition indicated Dr. Kremen issued a report on December 23, 2020, from which the Board inferred applicant attended the December 2, 2020 examination. Because applicant had attended the examination, the challenge to the Order was rendered moot. The Board therefore dismissed the Petition for Removal.

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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