WCPanelIQ
PanelQMEMed-legalDenied

Jorje Luis Martinez — ADJ20601502, ADJ20858483

JORJE LUIS MARTINEZ, Applicant vs. AUGUSTINE SPECIALTY FINISHING, administered by AMTRUST NORTH AMERICA, Defendants

ADJ number
ADJ20601502, ADJ20858483
Decision date
Jul 20, 2026
District office
Los Angeles
WCJ
—
Claim administrator
AmTrust North America
Commissioners
JOSÉ H. RAZO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
LC §4060CCR §10955

Summary

Applicant Jorje Luis Martinez filed a petition for removal from a Joint Findings and Order issued February 9, 2026, which found defendant's qualified medical evaluator (QME) panel valid. Applicant argued the panel was invalid because although the denial letter was copied to applicant's counsel, there was no proof of service, meaning defendant did not properly serve an objection letter under Labor Code section 4060. The Appeals Board considered the petition, defendant's answer, and the WCJ's Report recommending denial. The Board held that removal is an extraordinary remedy and that applicant failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The petition for removal was denied.

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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