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PanelQMEMed-legalGranted

Woods, Paulette

PAULETTE WOODS, Applicant vs. LIV HOME, INC.; UNITED STATES FIRE INSURANCE COMPANY, administered by CRUM & FORSTER, Defendants

ADJ number: ADJ10790108
Decision date: May 7, 2025
District office: San Luis Obispo
WCJ: —
Claim administrator: Crum & Forster (administering for United States Fire Insurance Company)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: neck, shoulders, back, left knee, left hand, left thumb

LC §5701LC §5703LC §5903LC §5952LC §5313LC §5806LC §5807LC §5708LC §5709LC §4064LC §4062.3LC §4061.5LC §139.2LC §4061LC §4064LC §4628LC §4663LC §3202.5CCR §10955CCR §10787CCR §10682CCR §10683

Summary

Applicant Paulette Woods sought removal of a February 27, 2023 WCJ order that barred the prior QME (Dr. Graham) and vocational expert reports from being submitted to a regular physician (Dr. Lundeen) appointed under Labor Code section 5701. The order followed the Board's prior Opinion finding Dr. Graham's apportionment opinions inconsistent and the vocational reporting non-substantial. The Board found the record inadequate under Hamilton to support the WCJ's order excluding the reports. It granted removal, rescinded the order, and returned the matter for creation of a proper evidentiary record. The Board offered nonbinding guidance that even deficient reports generally remain admissible and should be accorded appropriate evidentiary weight, and that evaluating physicians may consider relevant medical, medical-legal, and vocational evidence.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.