Home/Case Law/MARIA GUADALUPE GASCA vs. PAGES PRODUCE COMPANY, dba LA MEXICANA FOOD, ICW GROUP
Regular DecisionReconsideration

MARIA GUADALUPE GASCA vs. PAGES PRODUCE COMPANY, dba LA MEXICANA FOOD, ICW GROUP

Filed: Mar 06, 2020
Pomona
ADJ10618021

CompFox AI Summary

This case concerns a dispute over entitlement to a new Qualified Medical Evaluator (QME) panel. The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration, rescinding the prior Findings of Fact. The central issue is whether the applicant is entitled to a new QME panel, as the WCAB found the prior WCJ's decision on this interlocutory matter was inadequately supported by evidence. Specifically, the record lacked definitive proof of when the claim forms were filed with the employer, which is critical to determining the applicability of relevant case law like Navarro. The matter is returned to the trial level for further development of this evidence.

Full Decision Text1 Pages

This case concerns a dispute over entitlement to a new Qualified Medical Evaluator (QME) panel. The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration, rescinding the prior Findings of Fact. The central issue is whether the applicant is entitled to a new QME panel, as the WCAB found the prior WCJ's decision on this interlocutory matter was inadequately supported by evidence. Specifically, the record lacked definitive proof of when the claim forms were filed with the employer, which is critical to determining the applicability of relevant case law like Navarro. The matter is returned to the trial level for further development of this evidence.

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