WCPanelIQ
PanelQMEMed-legalDismissed

Shannon Heighton — ADJ20009316

SHANNON HEIGHTON, Applicant vs. GILL TRANSPORT, INC.; SERVICE AMERICAN INDEMNITY COMPANY, administered by LWP CLAIMS, Defendants

ADJ number
ADJ20009316
Decision date
Jul 6, 2026
District office
Los Angeles
WCJ
—
Claim administrator
LWP Claims (administering for Service American Indemnity Company)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: neck, right shoulder, right arm, right elbow, right hand, right fingertips, bilateral legs, bilateral hips, bilateral knees, sleep

LC §4060LC §4061LC §4062LC §4062.2LC §5813LC §5900LC §5902LC §5903LC §5904LC §5909LC §3201LC §3201.5CCR §10625CCR §10421CCR §10955CCR §10517

Summary

Defendant sought reconsideration or, alternatively, removal of an April 23, 2026 F&O finding that applicant counsel's October 22, 2025 email strike of Dr. Polushkin from dental QME panel 3734606 was valid. Defendant argued the strike was defectively served because it was sent by email rather than formally served, which would have entitled defendant to select the remaining panel physician. The Board dismissed the reconsideration petition because the F&O was a non-final interlocutory order regarding an evidentiary discovery matter, and denied the alternative removal petition finding no substantial prejudice or irreparable harm. On the merits, the Board held there is no requirement that a panel strike be formally served—section 4062.2(c) only requires a party exercise its right to strike—and defendant had stipulated to receiving the email striking Dr. Polushkin.

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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