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PanelQMEMed-legalDenied

Bowman, Sheldon

SHELDON BOWMAN, Applicant vs. NUMMI; SAFETY NATIONAL INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, Defendants

ADJ number: ADJ7984952
Decision date: Aug 7, 2024
District office: Oakland
WCJ: Thomas J. Russell, Jr.
Claim administrator: Gallagher Bassett Services
Commissioners: —

Injury / body parts: left elbow, bilateral wrists, carpal tunnel syndrome, right middle finger, cubital tunnel syndrome

LC §5307.6LC §5909LC §5952CCR §49CCR §49.2CCR §10600

Summary

Applicant Sheldon Bowman sustained an accepted cumulative industrial injury to his left elbow, bilateral wrists (carpal tunnel syndrome), and right middle finger while working as an auto assembler at NUMMI. The WCJ adopted the opinions of AME Dr. Leonard Gordon and awarded 19% permanent partial disability. Applicant sought reconsideration, arguing the AME failed to spend sufficient face-to-face time (only 20-30 minutes) with him under CCR Rule 49.2, rendering the report non-substantial medical evidence. The Appeals Board, adopting the WCJ's Report, affirmed the F&A, holding that the AME's reporting was substantial medical evidence despite ambiguity over exact face-to-face time. The Board also addressed the procedural Shipley issue, finding the time to act on the petition equitably tolled because the WCJ failed to transmit the petition for over seven months.

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.