WCPanelIQ
PanelQMEMed-legalGranted

Machen, Kenneth

KENNETH MACHEN, Applicant vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number
ADJ11169039
Decision date
Nov 4, 2024
District office
Sacramento
WCJ
—
Claim administrator
—
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: left elbow, left hand, left fingers, left wrist, lumbar spine, left ankle, right hand, cognitive impairment, psychiatric impairment

LC §4751LC §5909LC §5900LC §5701LC §5906

Summary

Applicant Kenneth Machen sought reconsideration of an August 16, 2024 Findings of Fact in which the WCJ found he did not meet Labor Code section 4751 criteria for SIBTF benefits. The dispute centered on whether the QME reports of Drs. Boni, Kirz, and Ambrose constituted substantial medical evidence of preexisting permanent disability. The Appeals Board granted reconsideration, finding that Dr. Boni's reporting on the lumbar spine, left ankle, and right hand was supported by adequate medical history and constituted substantial evidence, while Dr. Kirz's (cognitive/psychiatric) and Dr. Ambrose's reporting did not. The Board rescinded the Findings of Fact, substituted a finding that applicant has previous permanent partial disability of the lumbar spine, left ankle, and right hand, deferred the cognitive/psychiatric impairment issue for further development, deferred the ultimate SIBTF eligibility question, and returned the matter to the trial level.

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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