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En BancQMEMed-legalDenied

Ismael Navarro

ISMAEL NAVARRO, Applicant vs. CITY OF MONTEBELLO, administered by CORVEL CORPORATION, Defendants

ADJ number: —
Decision date: Date unavailable
District office: Long Beach
WCJ: —
Claim administrator: CorVel Corporation
Commissioners: Ronnie G. Caplane RONNIE G. CAPLANE, CHAIR, Marguerite Sweeney MARGUERITE SWEENEY, COMMISSIONER

Injury / body parts: back, ear, lower extremities, legs, left leg

LC §115LC §4060LC §4061LC §4062LC §4062.1LC §4062.2LC §4062.3LC §4064LC §4067LC §4610LC §4610.5LC §5300LC §5400LC §5401LC §5402LC §5803CCR §35.5CCR §10341CCR §30

Summary

Applicant police officer Ismael Navarro had a 2008-2009 cumulative injury claim (back and ear) for which he was evaluated by panel QME Dr. Yogaratnam in September 2009. He subsequently filed two specific injury claims in 2010 involving his back and lower extremities. Defendant petitioned to compel evaluation of the two new claims by the original panel QME, relying on AD Rule 35.5(e), which requires returning to the same evaluator for a new injury involving the same body parts and parties. The WCAB, sitting en banc, held that the Labor Code does not require an employee to return to the same panel QME for a subsequent claim of injury, and that Rule 35.5(e) is inconsistent with the Labor Code and therefore invalid to the extent it imposes that requirement. The Board affirmed the WCJ's Findings of Fact, allowing applicant a new panel QME, 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.