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PanelQMEMed-legalGranted

Rivers, Naomi

NAOMI RIVERS, Applicant vs. UNITED PARCEL SERVICE; LIBERTY MUTUAL INSURANCE CORPORATION, Defendants

ADJ number: ADJ17378619
Decision date: Mar 23, 2025
District office: Riverside District Office
WCJ: —
Claim administrator: Liberty Mutual Insurance Corporation
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: left leg, left shin

LC §5909LC §5900LC §5903LC §5952LC §5313CCR §10787

Summary

Naomi Rivers, a UPS preloader, sustained an industrial injury to her left shin on February 6, 2023. The WCJ's December 23, 2024 FA&O awarded future medical treatment but no permanent disability, relying on panel QME Dr. Anthony Fenison's February 16, 2024 report finding 0% whole person impairment and no neuropathy. Applicant sought reconsideration, arguing Dr. Fenison's reports were not substantial medical evidence because he failed to review updated records from pain management specialist Dr. James Rho documenting a CRPS diagnosis. The Appeals Board granted reconsideration, finding Dr. Fenison's reporting incomplete because the Rho/Inland Interventional records were not provided or reviewed. The Board rescinded and substituted the FA&O to defer permanent disability, apportionment, and attorney's fees pending further development of the record, including reevaluation by Dr. Fenison with all updated medicals provided.

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.