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PanelQMEMed-legalGranted

Vizcarra, Andres

ANDRES VIZCARRA, Applicant vs. MASTER TOYS AND NOVELTIES, INC.; TOKIO MARINE AMERICA, Defendants

ADJ number: ADJ7810002
Decision date: Nov 20, 2023
District office: Los Angeles
WCJ: —
Claim administrator: Tokio Marine America
Commissioners: CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: cervical spine, lumbar spine, right shoulder, left shoulder, bilateral wrists, right knee, left knee, psyche, internal

LC §4663LC §4664CCR §10682CCR §10955

Summary

Applicant Andres Vizcarra sought removal from a WCJ's August 21, 2023 Order Vacating Submission for Further Development of the Record, in which the WCJ found that QMEs Dr. Cohen (psychiatry) and Dr. Majcher (internal medicine) failed to adequately address apportionment between admitted specific and cumulative injuries. Both physicians had concluded apportionment between the injuries would be speculative and that the conditions were inextricably intertwined. The WCJ believed that Labor Code section 4663(c)'s mandatory 'shall consult' language required the physicians to obtain a medical consultation regardless of their reasoning. The WCAB panel disagreed, holding that a substantial-evidence-based determination that apportionment would be speculative is itself a valid apportionment determination under section 4663(c) per Benson and Nunes. The panel granted removal, rescinded the order, and returned the matter to the trial level for decision.

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.