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Case No. ADJ10887066 ADJ10887074

Regular

Nov 14, 2018

RAUL JUAREZ vs. EB DESIGN, INC., THE HARTFORD INSURANCE

This case concerns defendant's ex parte communication with a QME, specifically sending surveillance video and an advocacy letter without proper notice. The WCAB granted removal, rescinded the trial judge's order striking the QME report, and remanded the case. The Board clarified that WCAB Rule 10507 extends the timeframe for applicant to object to non-medical records, but not the defendant's initial service deadline under Labor Code section 4062.3(b).

RemovalJoint Findings of FactOrder and Opinion on DecisionQualified Medical EvaluatorQME panelorthopedic surgerystrickeninadmissibleLabor Code section 4062.3ex parte communication

References

Case No. ADJ6961731 ADJ6959844 ADJ6959868

Regular

Aug 26, 2019

ANTONIO ROMERO vs. MEXICAN AMERICAN OPPORTUINTY FOUNDATION, EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS, PMAIC, AMERICAN CLAIMS MANAGEMENT

This case concerns a timely filed Petition for Reconsideration by the defendant, Imperium Insurance Company, regarding a WCJ's order dismissing liens. The Appeals Board vacated its previous dismissal order, finding the petition was timely under WCAB Rule 10507(a)(2) due to the defendant's out-of-state address. The Board also rescinded the WCJ's findings and returned the matter for further proceedings. The core issue is whether the equitable doctrine of laches applies to lien claimants who failed to file required declarations under Labor Code section 4903.8(d) for pre-2013 liens.

WCAB Rule 10507(a)(2)Petition for Reconsiderationuntimely filingLabor Code section 4903.8(d)lien claimantsdeclarationsSenate Bill 863equitable doctrinelachesWCJ

References

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RAUL JUAREZ vs. EB DESIGN, INC., THE HARTFORD INSURANCE

RemovalJoint Findings of FactOrder and Opinion on DecisionQualified Medical EvaluatorQME panelorthopedic surgerystrickeninadmissibleLabor Code section 4062.3ex parte communication

ANTONIO ROMERO vs. MEXICAN AMERICAN OPPORTUINTY FOUNDATION, EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS, PMAIC, AMERICAN CLAIMS MANAGEMENT

WCAB Rule 10507(a)(2)Petition for Reconsiderationuntimely filingLabor Code section 4903.8(d)lien claimantsdeclarationsSenate Bill 863equitable doctrinelachesWCJ