WCPanelIQ
PanelQMEMed-legalGranted in Part

Wanyonyi, Patrick

PATRICK WANYONYI, Applicant vs. COUNTY OF LOS ANGELES / GENERAL HOSPITAL, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ12181367
Decision date
Jan 14, 2025
District office
Marina Del Rey
WCJ
—
Claim administrator
Sedgwick Claims Management Services
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: multiple body parts

LC §5909LC §5900LC §5904LC §4062.3CCR §10964CCR §10955CCR §35

Summary

Applicant Patrick Wanyonyi, a registered nurse, sustained a stipulated specific injury on November 23, 2018. Defendant served sub rosa surveillance video and intended to forward it to the AMEs, but failed to provide investigator and witness logs that applicant had requested. The WCJ found the video admissible but precluded the investigators from testifying, ordered the video sent to the AME after a 25-day objection window, and marked Defendant's Exhibit B (the logs) for identification only. The Appeals Board treated applicant's petition for removal as a petition for reconsideration (because the F&O resolved threshold issues like employment and AOE/COE) but applied the removal standard since only an interlocutory issue was challenged. The Board granted the petition and amended the F&O to find Exhibit B inadmissible and to clarify that the investigators' depositions are not precluded. A dissent by Commissioner Snellings objected to giving applicant another opportunity to raise an authenticity/relevance objection he had repeatedly failed to assert.

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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