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PanelQMEMed-legalDenied

Michael Dela Pena — ADJ12728369

MICHAEL DE LA PENA, Applicant vs. AMAZON.COM. INC.; AMERICAN ZURICH INSURANCE COMPANY, administered by SADGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number: ADJ12728369
Decision date: Feb 18, 2021
District office: Anaheim
WCJ: —
Claim administrator: Sedgwick Claims Management Services, Inc. (administering for American Zurich Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §5904CCR §10843CCR §10955

Summary

Applicant Michael De La Pena filed a Petition for Removal challenging the WCJ's interlocutory order regarding a panel qualified medical examination in a claim against Amazon.com, Inc. and its insurer. Because the WCJ's decision included a finding of employment—a threshold issue—the Board treated the underlying decision as a final order subject to reconsideration; however, since the petitioner challenged only the interlocutory PQME determination, the Board applied the removal standard. The Board found that the petitioner failed to demonstrate significant prejudice or irreparable harm, or that reconsideration would be an inadequate remedy if a final adverse decision later issued. The Board denied the Petition.

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.