WCPanelIQ
PanelQMEMed-legalGranted

Davis, Rachel

RACHEL DAVIS, Applicant vs. BARRETT BUSINESS SERVICES, INC.; ACE AMERICAN INSURANCE COMPANY, Defendants

ADJ number
ADJ14425169
Decision date
Nov 21, 2024
District office
Oakland
WCJ
—
Claim administrator
ACE American Insurance Company
Commissioners
—

Injury / body parts: kidney

LC §5909LC §5900

Summary

Applicant Rachel Davis sought reconsideration of a WCJ's Findings and Order finding she did not sustain industrial injury to her kidney (FSGS) during a cumulative period ending February 28, 2021. The dispute centered on whether the WCJ should have relied on treating physician Dr. Robert Harrison's opinion that her FSGS was industrially caused by organic solvent exposure, rather than PQME internist Dr. Robert Noriega's opinion that the condition was idiopathic/primary. The Board agreed that on the current record applicant had not established industrial injury, finding Dr. Harrison's report was not substantial medical evidence because it relied on general 'chronic kidney disease' studies rather than addressing her specific FSGS diagnosis and the specific chemicals at issue. However, because Dr. Noriega remained open to revisiting his opinion with new information and the WCAB has a duty to develop an inadequate record, the Board granted reconsideration, rescinded the decision, and remanded for further development of the record.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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