WCPanelIQ
PanelQMEMed-legalGranted

Dailey, Wayne

WAYNE DAILEY, Applicant vs. TACO CHARLEY, INC.; ARGO GROUP, INC., Defendants

ADJ number
ADJ4241704
Decision date
Oct 6, 2024
District office
Redding
WCJ
—
Claim administrator
Argo Group, Inc.
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: cervical spine, neck, back, legs, shoulders, hips, thoracic spine, lumbar spine

LC §5909LC §5900LC §5804LC §5803LC §5410LC §3600LC §4600LC §5952LC §5701LC §5906CCR §10600

Summary

Applicant Wayne Dailey, acting in pro per, was injured in a high-speed work-related rollover motor vehicle accident on July 20, 1982, and during a cumulative period from January 31, 1983 to January 31, 1984, while employed as a manager by Taco Charley, Inc. A 1988 Joint Findings and Award found industrial injury to his shoulders, back, hips, and legs and awarded future medical care. At a 2024 trial, the WCJ found no substantial medical evidence supporting cervical/neck injury and denied future medical treatment to the cervical spine. The Board granted reconsideration, finding that the medical opinions of QME Dr. Xeller, Dr. Sun, and treating physician Dr. Ching constituted substantial evidence that the cervical spine injury was a compensable consequence of the original industrial injuries. The Board rescinded the F&O and substituted findings entitling applicant to cervical spine medical care and $392 reimbursement for self-procured treatment.

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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