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PanelQMEMed-legalGranted in Part

Romulado Ferreyra — ADJ10449684

ROMUALDO FERREYRA, Applicant vs. REDWOOD EMPIRE VINEYARD; ZENITH INSURANCE COMPANY, Defendants

ADJ number: ADJ10449684
Decision date: Feb 15, 2021
District office: Oakland
WCJ: —
Claim administrator: Zenith Insurance Company
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §5900LC §5902LC §5903LC §5313CCR §31.5CCR §10843CCR §10955

Summary

Applicant sought reconsideration of a WCJ's November 30, 2020 Finding and Order that ordered a replacement QME panel for chiropractor Dr. David Willat under AD Rule 31.5(a)(2). The WCJ had found Dr. Willat unavailable, but applicant later discovered the doctor was actually available for deposition in December 2020. The Board dismissed the petition as one for reconsideration because the F&O was not a final order, but granted it as a petition for removal. The Board found an insufficient record to evaluate the dispute, noting confusion over whether the issue was deposition unavailability or examination unavailability, and that the WCJ relied on documents never admitted into evidence. The Board rescinded the F&O and returned the matter to the trial level for further proceedings, including a hearing to frame issues, admit evidence, and make legal arguments.

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.