WCPanelIQ
PanelQMEMed-legalLienGranted

Zhang, He

HE ZHANG, Applicant vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by ATHENS ADMINISTRATORS, Defendant

ADJ number
ADJ12348581
Decision date
Jan 2, 2025
District office
Oakland
WCJ
—
Claim administrator
Athens Administrators (administering San Francisco Unified School District, permissibly self-insured)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER

Injury / body parts: cervical spine, lumbar spine

LC §4663LC §5313LC §5701LC §5900LC §5909

Summary

He Zhang, a self-represented safety aide/security guard for San Francisco Unified School District, sustained admitted injury to his cervical and lumbar spine on March 13, 2019. The WCJ found 28% permanent disability after apportionment, based on QME Dr. Sciaroni's reporting, and rejected applicant's requests to replace the QME and his claims of attorney collusion. Applicant sought reconsideration, challenging the apportionment to a pre-existing congenital spine condition, the failure to replace the QME, and alleged collusion among his prior attorneys and defense counsel. The Appeals Board granted reconsideration, finding Dr. Sciaroni's apportionment was not substantial medical evidence because she failed to explain how or why the pre-existing congenital stenosis, non-industrial degenerative changes, and gun-belt use caused the apportioned percentages of disability. The Board rescinded the F&O, deferred the issues of permanent disability and attorneys' fees, and returned the matter to the trial level for further development of the record on apportionment, while leaving other findings intact.

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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