Home/Case Law/Dean Giannetto vs. CITY OF STOCKTON, CORVEL CORPORATION
Regular DecisionRemoval

Dean Giannetto vs. CITY OF STOCKTON, CORVEL CORPORATION

Filed: Oct 27, 2015
Stockton
ADJ7144980; ADJ8739287 ADJ9323498; ADJ9670512

CompFox AI Summary

In this case, the Appeals Board granted the applicant's Petition for Removal, overturning a WCJ's order requiring reevaluation by the same Qualified Medical Evaluator (QME) for subsequent injury claims. The Board held that an employee is entitled to a new QME for new and separate injury claims, citing their precedent in Navarro. Requiring reevaluation by the original QME for subsequent claims, even with the same defendant and body parts, was deemed contrary to statute. The Board found that requiring the applicant to return to Dr. Fujimoto for subsequent injuries would cause prejudice and irreparable harm, thus justifying removal.

Full Decision Text1 Pages

In this case, the Appeals Board granted the applicant's Petition for Removal, overturning a WCJ's order requiring reevaluation by the same Qualified Medical Evaluator (QME) for subsequent injury claims. The Board held that an employee is entitled to a new QME for new and separate injury claims, citing their precedent in Navarro. Requiring reevaluation by the original QME for subsequent claims, even with the same defendant and body parts, was deemed contrary to statute. The Board found that requiring the applicant to return to Dr. Fujimoto for subsequent injuries would cause prejudice and irreparable harm, thus justifying removal.

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