Applicant Robert Schliesmann claimed a specific injury to his low back on August 24, 2020 while working as a solar technician. The parties retained Dr. Clive Segil as the orthopedic PQME, who issued an interim report finding injury AOE/COE but withholding a final opinion pending extensive additional diagnostics (lumbar x-rays, MRI, EMG/NCV) and a complete medical file. After a period of inaction, defendant obtained an Order of Dismissal on April 25, 2023; applicant later petitioned to reopen/rescind, and the WCJ vacated the dismissal under Labor Code section 5803 finding good cause because defendant had failed to comply with Dr. Segil's requests for documents and diagnostic testing. The WCAB denied defendant's Petition for Reconsideration, adopting the WCJ's Report and emphasizing the constitutional mandate for substantial justice, the disfavoring of procedural dismissals, and defendant's affirmative duty under AD Rule 10109 to reasonably investigate the claim.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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