Ford, Candice

Candice Ford, a 39-year-old certified nurse assistant, sustained an accepted thoracic spine injury while pulling a patient into bed. At trial the WCJ followed the primary treating physician (Dr. Martinovsky, 32% PPD) over the QME (Dr. Jennings, D.C., 8% PPD), and awarded 32% permanent partial disability. Defendant petitioned for reconsideration arguing that Dr. Martinovsky's reports were obtained after the close of discovery (violating due process) and did not constitute substantial evidence. The WCAB adopted and incorporated the WCJ's Report, finding the reports properly admitted because defendant was given the opportunity to obtain (and did obtain) a supplemental rebuttal report from the QME, and that Dr. Martinovsky's opinion constituted substantial evidence. The Board denied reconsideration, citing Place v. WCAB for the principle that one physician's relevant opinion may constitute substantial evidence even if inconsistent with other medical opinions.