WCPanelIQ
PanelQMEMed-legalGranted

Hester, Pamela

PAMELA HESTER, Applicant vs. SLOAT GARDEN CENTER; REPUBLIC INDEMNITY, Defendants

ADJ number
ADJ12396719
Decision date
Jun 23, 2024
District office
Oakland
WCJ
—
Claim administrator
Republic Indemnity
Commissioners
—

Injury / body parts: head, neck, brain, eyes, cognitive functioning, headaches, dizziness

CCR §31.7

Summary

Applicant Pamela Hester, a 65-year-old nursery worker, sustained an accepted industrial injury to her head and neck on February 15, 2019, and claimed additional injuries to her brain, eyes, cognitive functioning, headaches, and dizziness. The WCJ denied her request for an additional QME panel in ophthalmology and failed to rule on her request for a new panel in neurology. On reconsideration, the WCAB treated the petition under the removal standard because it challenged only a non-final discovery order. The Board found good cause for an additional ophthalmology panel because applicant had documented eye diagnoses and the examining optometrist was unable to opine on causation. The Board rescinded the WCJ's decision, granted the additional ophthalmology panel, and deferred the neurology panel issue for the WCJ to rule on in the first instance.

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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