WCPanelIQ
PanelQMEMed-legalGranted

Purcell, Charles

CHARLES PURCELL, Applicant vs. PROCTOR & GAMBLE; OLD REPUBLIC INSURANCE COMPANY, adjusted by SEDGWICK CMS, Defendants

ADJ number
ADJ15987800
Decision date
Jun 6, 2024
District office
Oxnard
WCJ
—
Claim administrator
Sedgwick CMS (adjusting for Old Republic Insurance Company)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: neck, nervous system, spinal cord, cervical spine, upper extremities, lower extremities, bladder/urinary (incontinence), bowel/fecal (incontinence), sexual dysfunction

LC §3202.5LC §4660.1LC §4903LC §4906LC §5313LC §5701LC §5702LC §5703LC §5803LC §5901LC §5903LC §5906LC §5907LC §5908LC §5908.5LC §5950LC §5952CCR §10787CCR §10835CCR §10840CCR §10844

Summary

Applicant Charles Purcell sustained an admitted industrial injury to his neck on May 31, 2021 in a single-vehicle rollover accident, initially rendering him quadriplegic before partial recovery. The WCJ awarded 92% permanent disability based on QME Dr. Steven Narvy's reporting, but Narvy noted his report was incomplete because urinary/fecal incontinence and sexual dysfunction needed evaluation by other specialists. The WCJ initially ordered development of the record, but both parties stipulated they did not want further development and wanted a decision on the existing record. Applicant petitioned for reconsideration, arguing he should be found 100% permanently totally disabled. The Appeals Board granted reconsideration and deferred a final decision, finding it unclear whether the existing record constitutes substantial evidence and whether further development may be necessary despite the parties' stipulation.

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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