WCPanelIQ
PanelQMEMed-legalDenied

Kirkland, Lisa

LISA KIRKLAND, Applicant vs. McDONNELL DOUGLAS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by its servicing facility INTERCARE for FREMONT INDEMNITY, in liquidation, KERLAN-JOBE, STATE COMPENSATION INSURANCE FUND, HEALTHSOUTH by ACE AMERICAN INSURANCE COMPANY administered by CORVEL, Defendants

ADJ number
ADJ4081061
Decision date
Feb 17, 2025
District office
Anaheim
WCJ
—
Claim administrator
California Insurance Guarantee Association (CIGA) by its servicing facility Intercare for Fremont Indemnity, in liquidation; State Compensation Insurance Fund; ACE American Insurance Company administered by CorVel
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: cervical spine, thoracic spine (thoracic outlet syndrome), lumbar spine, bilateral upper extremities (shoulders to fingers), neurological systems (reflex sympathetic dystrophy and headaches), neck, right shoulder, right arm

LC §5909LC §5900LC §5903LC §5952LC §4622CCR §10600

Summary

Applicant Lisa Kirkland sustained an accepted specific industrial injury on July 30, 1990 while employed as a laborer at McDonnell Douglas (administered by CIGA following Fremont Indemnity's insolvency), affecting her cervical spine, thoracic spine, lumbar spine, bilateral upper extremities, and neurological systems. CIGA filed a cumulative trauma claim on applicant's behalf alleging additional injury during her employment at Kerlan-Jobe (insured by SCIF) from 2000-2003, seeking to shift liability to SCIF as 'other insurance' under Insurance Code section 1063.1(c)(9). The WCJ found no injury AOE/COE for the cumulative trauma claim, holding that QME Dr. Sohn's apportionment opinions did not constitute substantial medical evidence, while crediting Drs. Kim and Watkin who attributed all disability to the 1990 injury. The Board denied CIGA's Petition for Reconsideration, agreeing that Dr. Sohn's reports were conclusory and unsupported, while Drs. Kim and Watkin provided well-reasoned opinions. Liability therefore remains with CIGA.

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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