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Case No. ADJ4603604

Regular

Nov 16, 2009

BALDOMERO NAVA vs. CREATIVE MANUFACTURING, INC., JOSEF ARMRUSTER, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The WCJ's decision that applicant's claim is not compensable due to intoxication is reversed. The case is remanded for further proceedings as the IME's opinion changed.

Workers' Compensation Appeals BoardBaldomero NavaCreative Manufacturing Inc.Josef ArmrusterUninsured Employers Benefit Trust FundReconsiderationIntoxication DefenseLabor Code section 5402Affirmative DefenseStipulation

References

Case No. MISSING

Regular Panel Decision

Claim of Coratti v. Jon Josef Hair & Colour Group

The Workers' Compensation Board denied a claimant's motion to preclude a workers’ compensation carrier’s consultant report, which was based solely on a review of medical records, not an independent medical examination (IME). The claimant argued non-compliance with Workers’ Compensation Law § 137 (1) (b), a provision requiring notice if an IME is performed. The Board concluded the statute does not apply to records-review-only reports. An appellate court affirmed, holding that the plain language of § 137 (1) (b) explicitly refers to practitioners who have performed or will perform an IME, thereby excluding those who solely review records. The court emphasized that statutory interpretation must adhere to plain language, leaving policy arguments to the Legislature.

IME reportsrecords reviewWorkers' Compensation Lawstatutory interpretationpreclusion motioncausationoccupational illnessdue processlegislative intent

References

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BALDOMERO NAVA vs. CREATIVE MANUFACTURING, INC., JOSEF ARMRUSTER, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The WCJ's decision that applicant's claim is not compensable due to intoxication is reversed. The case is remanded for further proceedings as the IME's opinion changed.

Claim of Coratti v. Jon Josef Hair & Colour Group

IME reportsrecords reviewWorkers' Compensation Lawstatutory interpretationpreclusion motioncausationoccupational illnessdue processlegislative intent