Applicant Jesus Gutierrez, a carpenter, sustained an industrial injury on August 16, 2024, when he fell off a ladder, injuring his neck, right arm, right elbow, back, and right ankle. After applicant's counsel obtained a chiropractic QME Panel #7790463 (winning the race to submit the panel request), defendant struck a panelist but later sought to challenge the chiropractic specialty as inappropriate, requesting an orthopedic replacement panel. The WCJ initially found defendant did not waive its right to challenge the specialty, ruled chiropractic inappropriate, and ordered a replacement orthopedic panel. On reconsideration/removal, the Appeals Board reversed those findings, holding that defendant's March 21, 2025 strike letter contained no objection whatsoever to the panel specialty, thereby waiving the objection. The Board amended the F&O to find applicant was entitled to choose the QME specialty, that chiropractic was appropriate, and rescinded the stay of the chiropractic panel.
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.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.