WCPanelIQ
PanelQMEMed-legalDenied

Johns, Travis

TRAVIS JOHNS, Applicant vs. CLAYTON HOMES MANUFACTURING; XL INSURANCE COMPANY, Defendants

ADJ number
ADJ17453317
Decision date
Jun 9, 2024
District office
Van Nuys
WCJ
Dean Stringfellow
Claim administrator
XL Insurance Company
Commissioners
—

Injury / body parts: right foot, right shin, left knee, low back

CCR §31.5CCR §41CCR §41.5

Summary

Applicant Travis Johns, a production laborer, claimed injury on 1/23/2023 when a 6-foot, 100-pound picture frame fell over and struck his right foot and shin while installing glass. The WCJ found industrial injury to the right foot and shin, deferred a finding on the left knee (which had a prior 2019 total knee replacement), found no injury to the low back, and denied defendant's request for a replacement QME panel under CCR section 31.5 based on alleged bias. Defendant petitioned for reconsideration, arguing the WCJ erred on these findings and that the PQME demonstrated bias by admitting his exam was 'cursory.' The WCAB adopted and incorporated the WCJ's report, giving great weight to credibility determinations under Garza, and denied reconsideration. The Board found the medical records from Sutter Hospital and Concentra documenting metatarsal fractures within 24 hours strongly supported the injury, and that a cursory exam does not constitute bias warranting a replacement panel.

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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