Case No. ADJ10344515; ADJ10344543RegularSep 26, 2016
ROGER EUGENE HERBEL vs. EV PLUMBING, INC., THE HARTFORD
The Appeals Board granted reconsideration and rescinded the WCJ's decision, which had authorized the applicant to obtain two separate Qualified Medical Evaluator (QME) panels.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.
QME panelorthopedicchiropracticLabor Code section 4062.3(j)Navarro v. City of MontebelloPetition for ReconsiderationDeclaration of Readiness to Proceed to Expedited HearingMinutes of HearingOpinion and Order Granting Petition for ReconsiderationDecision After Reconsideration
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