What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Medical treatment / UR / IMRDefendant prevailedneck · bilateral shoulders · arms · elbows · wrists · hands · fingers · back · hips · right lower extremities · right foot · nervous system · psyche
From the decision · page 1Defendant seeks removal of the Findings and Order (F&O) issued by the workers' compensation administrative law judge (WCJ) on August 24, 2022, wherein the WCJ found in pertinent part that pursuant to Administrative Director rule 979, qualified medical examiner (QME) Rex Lockwood, D.C., is entitled to additional advanced payment of a minimum of two hours for his deposition.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Dr. Lockwood spent one hour preparing and attempted numerous times to connect for the first deposition but was unable to testify due to technical difficulties.
Favours Applicant prevailed
This unrebutted testimony established entitlement to payment for preparation and attempted testimony despite no actual testimony, supporting the panel's decision to require payment before a second deposition.
From the decision · page 2Q. Okay. And you did not provide med-legal testimony that day; correct? A. I prepared an hour, and I got on the number that was provided me by yourself, your office. And I attempted numerous times to connect, and it failed, and I called both your office and applicant's office and did not receive anyone and then left voice mails for both offices that I was having difficulty. I continued to wait through some of the time, probably at least a half an hour, 40 minutes of the deposition's scheduled time. Nobody contacted me, and therefore I was unable to testify. Q. Okay. So confirming, you did not testify that day? A. No. (Joint Exh. J7, pp. 6 § 7 [EAMS p. 3].)