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PanelQMEMed-legalDenied

Husted, Veronika

VERONIKA HUSTED, Applicant vs. NETNOLIMITS; FARMERS INSURANCE EXCHANGE, administered by FARMERS INSURANCE, Defendants

ADJ number: ADJ10806309
Decision date: Jun 24, 2024
District office: Santa Barbara
WCJ: —
Claim administrator: Farmers Insurance, administering for Farmers Insurance Exchange
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: back, left hip, psyche, bilateral knees

LC §5909LC §5900LC §4663CCR §10600

Summary

Applicant Veronika Husted, a Chief Technology Officer, sustained industrial injury on June 5, 2014 to her back, left hip, psyche, and bilateral knees. The WCJ found her permanently and totally disabled without apportionment, concluding the medical-legal physicians' apportionment opinions did not constitute substantial evidence. Defendant Farmers Insurance Exchange sought reconsideration, arguing the AME and QME apportionment opinions to preexisting nonindustrial factors were substantial and unrebutted. The WCAB denied reconsideration, holding that the orthopedic AME (Dr. Berman) and psychiatric QME (Dr. Echeverria) failed to explain how and why the identified preexisting conditions currently contributed to applicant's permanent disability, improperly aggregated multiple conditions into single composite factors, and conflated causation of injury with causation of permanent disability. The Board also addressed the timeliness of its decision under amended Labor Code section 5909.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.