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PanelQMEMed-legalGranted

Garcia, Rolando

ROLANDO GARCIA, Applicant vs. HOLLENBECK PALMS, permissibly self-insured, administered by ATHENS ADMINISTRATORS, Defendants

ADJ number: ADJ18157692
Decision date: Oct 21, 2025
District office: Los Angeles
WCJ: —
Claim administrator: Athens Administrators
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §139.2LC §3202LC §4628LC §5313LC §5903LC §5952CCR §10670CCR §10682CCR §10683CCR §10702CCR §10761CCR §10955

Summary

Applicant Rolando Garcia filed a petition to strike the qualified medical evaluator (QME), alleging fraud, and requested a hearing on the issue. The WCJ took the matter off calendar on August 12, 2025, for further development of the record without first creating a record or explaining the need for development. Applicant petitioned for removal, contending the issue of striking the QME was ripe for adjudication. The Appeals Board granted removal, finding the WCJ's order violated the parties' due process rights, constituting irreparable harm. As its Decision After Removal, the Board rescinded the off-calendar order and returned the matter to the trial level to create a record, while providing guidance on the due process protections owed to a reporting physician facing inadmissibility under Labor Code section 4628.

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.