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PanelQMEMed-legalGranted

Prudente, Ariel

ARIEL PRUDENTE, Applicant vs. RJP FRAMING, INC. and ALASKA NATIONAL INSURANCE COMPANY, Defendants

ADJ number: ADJ13119496
Decision date: Sep 28, 2025
District office: Lodi
WCJ: —
Claim administrator: Alaska National Insurance Company
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, LISA A. SUSSMAN, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: neck, psyche, left arm, left shoulder, left hand, left fingers

LC §4062.1LC §4062.2LC §4062.3LC §5313LC §5701LC §5903LC §5906LC §5952CCR §10787

Summary

Applicant Ariel Prudente sought removal of a June 18, 2025 F&O in which the WCJ ordered replacement of psychiatric PQME Dr. Peter Turek, finding that applicant's simultaneous service of 'summaries and excerpts from the Kite decisions' (with handwritten notations) on Dr. Turek violated Labor Code section 4062.3(b). The Board had previously rescinded a November 20, 2024 F&O on the same issue for lacking supporting evidence of prejudice. On this second review, the Board agreed the Kite materials constituted 'information' requiring 20-day advance service, but held that replacement of the PQME was too drastic a remedy where less drastic measures (cross-examination or supplemental reporting) were available. Considering the Suon factors, applicant's incarceration, and the constitutional mandate of expeditious justice, the Board found good cause to decline replacement of Dr. Turek. The Board granted removal, rescinded the F&O, and returned the matter to the trial level.

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.