Applicant Theresa Rocha, a McDonald's cashier who sustained an admitted right ankle/foot injury on February 14, 2017 with a 46% PD stipulated award, sought reconsideration of a June 14, 2022 F&O denying her a psyche QME panel, finding no psyche injury or new and further disability, and refusing liability for her vocational expert's report. The orthopedic AME, Dr. Feinberg, diagnosed CRPS with a psyche comorbidity and testified during his March 11, 2021 deposition that input from a psychiatric evaluator was needed to assess whether applicant would be off task due to pain. The Board rescinded the F&O, finding good cause for issuance of an additional psyche QME panel, holding defendant liable for the vocational expert costs, and deferring the underlying psyche injury and reopening issues. The Board reasoned that the WCJ improperly relied on the orthopedic AME to decide the psyche issue and failed to develop the record. The Board also confirmed the petition was timely because the claims administrator was served in Kentucky, extending the deadline by 10 days.
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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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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