WCPanelIQ
PanelQMEMed-legalGranted in Part

McKenney, Jeffrey

JEFFREY McKENNEY, Applicant vs. SOUTHERN CALIFORNIA EDISON COMPANY, Permissibly Self-Insured, Defendants

ADJ number
ADJ7850534
Decision date
Sep 29, 2024
District office
Van Nuys
WCJ
S. Michael Cole
Claim administrator
Southern California Edison Company, Permissibly Self-Insured
Commissioners
—

Injury / body parts: lumbar spine, psyche, bilateral lower extremities, ankles, right ankle, left wrist, right shoulder, right upper extremity, right elbow, left shoulder, brain/hematoma, head, headaches, kidney, stomach, liver, sleep dysfunction, sexual dysfunction, left humerus

LC §132aLC §3202.5LC §4628LC §4663LC §5900LC §5902LC §5903LC §5909CCR §10600CCR §10955

Summary

Applicant Jeffrey McKenney, a lineman for Southern California Edison, sought reconsideration of a July 8, 2024 Partial Findings of Fact, Award and Orders, raising fourteen contentions including failure to award 100% permanent disability, denial of a Labor Code section 132(a) claim, and various evidentiary rulings. Defendant separately sought reconsideration of the WCJ's finding that the October 30, 2020 report of deceased AME Dr. Alexander Angerman was inadmissible because it was signed by his office manager rather than the doctor. The WCAB denied applicant's petition (treating non-final order contentions as a petition for removal which it also denied), but granted defendant's petition, applying the amanuensis doctrine to admit Dr. Angerman's report. The Board found the purpose of Labor Code section 4628's anti-ghostwriting provisions was satisfied because Dr. Angerman examined the applicant, reviewed records, and dictated the report but was unable to sign before his death. The Board amended Finding no. 4 to admit the report, otherwise affirming the WCJ's decision.

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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