Home/Case Law/ROGER EUGENE HERBEL vs. EV PLUMBING, INC., THE HARTFORD
Regular DecisionRegular Panel Decision

ROGER EUGENE HERBEL vs. EV PLUMBING, INC., THE HARTFORD

Filed: Sep 26, 2016
Marina Del Rey
ADJ10344515; ADJ10344543

CompFox AI Summary

The Appeals Board granted reconsideration and rescinded the WCJ's decision, which had authorized the applicant to obtain two separate Qualified Medical Evaluator (QME) panels. The defendant argued this violated Labor Code section 4062.3(j) and prior Appeals Board precedent regarding multiple QME requests for related claims. The Board found the record insufficient for a merits decision and returned the matter to the trial level for further proceedings to create a proper trial record. This decision emphasizes the need for a clear record and references precedent concerning QME panel entitlement for distinct but related industrial injury claims.

Full Decision Text1 Pages

The Appeals Board granted reconsideration and rescinded the WCJ's decision, which had authorized the applicant to obtain two separate Qualified Medical Evaluator (QME) panels. The defendant argued this violated Labor Code section 4062.3(j) and prior Appeals Board precedent regarding multiple QME requests for related claims. The Board found the record insufficient for a merits decision and returned the matter to the trial level for further proceedings to create a proper trial record. This decision emphasizes the need for a clear record and references precedent concerning QME panel entitlement for distinct but related industrial injury claims.

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ROGER EUGENE HERBEL vs. EV PLUMBING, INC., THE HARTFORD (2016) – Marina Del Rey | CompFox