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Case No. ADJ1457992

Regular

Oct 07, 2014

DARLENE HELLER vs. LOWELL BAKER'S STRIPING SERVICE, CIGA, SEDGWICK CMS for FREMONT INDEMNITY INSURANCE

In *Heller v. Lowell Baker's Striping Service*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a July 17, 2014 decision. The WCAB determined that further study of the factual and legal issues was necessary to ensure a just and reasoned decision. Consequently, all future communications regarding this case must be filed in writing with the Office of the Commissioners of the WCAB and not submitted to any district office or e-filed.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management SystemADJ1457992Lowell Baker's Striping Service

References

Case No. ADJ1457992 (AHM 0084718)

Regular

Dec 26, 2014

DARLENE HELLER vs. COWELL BAKER'S STRIPPING SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, FREMONT INSURANCE COMPANY

This case concerns a dispute over the correct procedure for obtaining medical reevaluations for a worker's injury with a date prior to January 1, 2005. The Appeals Board denied the applicant's petition for reconsideration, reversing an earlier decision that had directed the parties to use the panel QME process. The Board clarified that for pre-2005 injuries, the pre-Senate Bill 899 AME/QME procedures apply, not the current section 4062.2 QME process. One Commissioner dissented, arguing the prior award should be reinstated.

Workers' Compensation Appeals BoardPetition for ReconsiderationOpinion and Order DenyingFindings and AwardLabor Code section 4062.2panel qualified medical examinationQMEdisputed body partsadmitted liabilitydate of injury

References

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DARLENE HELLER vs. LOWELL BAKER'S STRIPING SERVICE, CIGA, SEDGWICK CMS for FREMONT INDEMNITY INSURANCE

DARLENE HELLER vs. COWELL BAKER'S STRIPPING SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, FREMONT INSURANCE COMPANY