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PanelQMEMed-legalDenied

Reeves, Oprah

OPRAH REEVES, Applicant vs. STANFORD HEALTH CARE and SAFETY NATIONAL CASUALTY, Adjusted by TRISTAR, Defendants

ADJ number: ADJ15944737
Decision date: Date unavailable
District office: Oakland
WCJ: Erin Finnegan
Claim administrator: TRISTAR (adjusting for Safety National Casualty)
Commissioners: —

Injury / body parts: respiratory system

LC §5705LC §3202.5LC §3600LC §5903LC §5952LC §4060LC §4061LC §4062.3CCR §40

Summary

Applicant Oprah Reeves, a 61-year-old ICU secretary, alleged a February 7, 2022 respiratory injury after smoke allegedly filled a patient lounge during her break. The parties agreed to use Dr. Andrew McClintock Greenberg as an AME, who deferred causation pending investigation and ultimately found no industrial causation. After applicant relieved her counsel and proceeded in pro per, WCJ Finnegan found applicant failed to meet her burden of proving AOE/COE through substantial medical evidence. Applicant petitioned for reconsideration alleging a conflict of interest between the original trial judge (WCJ Miller) and the AME, and challenging the WCJ's lack of medical/technical training. The WCAB denied reconsideration, adopting the WCJ's report and finding no evidence supporting the bias allegations and no good cause to discontinue the AME.

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

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.

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.