WCPanelIQ
PanelQMEMed-legalDenied

Derrick, Frank

FRANK DERRICK, Applicant vs. RONALD L. WOLFE & ASSOCIATES; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number
ADJ15533922
Decision date
Mar 9, 2025
District office
Santa Barbara
WCJ
Scott J. Seiden
Claim administrator
Insurance Company of the West
Commissioners
—

Injury / body parts: cervical spine, lumbar spine

LC §5909LC §5900LC §4663LC §5705LC §5952LC §5CCR §10600

Summary

Applicant Frank Derrick sustained an admitted injury to his cervical and lumbar spine on March 21, 2021, while working as a maintenance technician. The only medical evidence was from PQME Dr. Keith Robertson, who issued five reports and was deposed. Defendant petitioned for reconsideration, arguing the WCJ erred by using the range of motion (ROM) method rather than the DRE method to assess permanent disability, by allegedly adding rather than combining impairments, and by rejecting Dr. Robertson's apportionment. The WCAB denied reconsideration, adopting the WCJ's report, finding that the ROM method was appropriately justified by the physician, that the impairments were properly combined (not added), and that Dr. Robertson's apportionment opinion failed to meet the substantial evidence standard under Escobedo.

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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