WCPanelIQ
PanelQMEMed-legalGranted

Dorrough, Constance

CONSTANCE DORROUGH, Applicant vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendant

ADJ number
ADJ12394766
Decision date
Jan 16, 2025
District office
Oakland
WCJ
—
Claim administrator
Subsequent Injuries Benefits Trust Fund
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: back, neck, head, leg, foot, lumbar spine, cervical spine

LC §4751LC §5803LC §5900LC §5901LC §5907LC §5908LC §5908.5LC §5909LC §5950LC §5952

Summary

Applicant Constance Dorrough sought reconsideration of a WCJ's October 15, 2024 Findings and Order denying her SIBTF benefits under Labor Code section 4751. The WCJ relied solely on the updated opinion of AME Dr. Victoria Barber, who reversed her earlier position to conclude that applicant's lumbar spine was only 'temporarily aggravated' by the May 2019 fall, while rejecting the reports of QME Dr. Moses Jacob and treating physicians Drs. Shen and Talwar as not substantial medical evidence because they failed to review newly discovered prior medical records. Applicant contended the medical reporting relied upon did not constitute substantial evidence and that Dr. Barber was equivocal on lumbar causation. The Appeals Board granted reconsideration, finding it unclear whether the record was sufficient to support the WCJ's conclusions and whether further development of the record was necessary. The Board deferred issuance of a final decision pending further review of the merits and the entire record.

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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