WCPanelIQ
PanelGranted

Newman, Joanne Porter

JOANNE PORTER NEWMAN, Applicant vs. CLINICA SIERRA VISTA; BETA HEALTHCARE GROUP, Defendants

ADJ number
ADJ14464272
Decision date
Mar 10, 2024
District office
Bakersfield
WCJ
—
Claim administrator
BETA Healthcare Group
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: left ankle, left knee, right knee

LC §5903LC §5952LC §5313

Summary

Applicant Joanne Porter Newman, a 45-year-old home attendant, sustained injury to her left ankle and both knees on February 17, 2021 while employed by Clinica Sierra Vista. The WCJ found 24% permanent disability based on the report of Dr. Richard Scheinberg and denied the Supplemental Job Displacement Benefits (SJDB) voucher. Defendant Beta Healthcare Group sought reconsideration, arguing applicant's credibility was questionable and Dr. Scheinberg's reports did not constitute substantial evidence, contending the award should have been based on Dr. Jayprakash Shah's reports. The Board granted reconsideration, finding the WCJ erred by failing to explain why he relied on Dr. Scheinberg's reports over Dr. Shah's. The Board amended the decision to defer the issues of permanent disability, apportionment, permanent and stationary date, and attorney's fees, and returned the matter for further development of the record.

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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