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Lynn McGlothen — ADJ13463458

LYNN MCGLOTHEN, Applicant vs. KELLEHER LUMBAR CORPORATION; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number: ADJ13463458
Decision date: Feb 4, 2021
District office: Oakland
WCJ: —
Claim administrator: Insurance Company of the West
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: back

LC §4060LC §4062.2CCR §10470CCR §10530CCR §10305

Summary

Applicant Lynn McGlothen claimed a back injury through May 21, 2020 while working as a stocker for Kelleher Lumbar Corporation. After applicant obtained a chiropractic QME panel under Labor Code 4060 and scheduled an evaluation with Dr. Jonice Owen, D.C., defendant filed an emergency petition under CCR 10470 (now 10530) to stay the evaluation, arguing the correct panel specialty was orthopedic given applicant's alleged need for surgery. The WCJ denied the emergency petition but went further by addressing the merits of the panel-specialty dispute, including discussing unadmitted exhibits. The Appeals Board granted removal, rescinded the Order, and returned the matter to the trial level so the parties could present evidence and argument on the panel specialty dispute consistent with due process.

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.