WCPanelIQ
PanelQMEMed-legalGranted

Dougherty, Thomas

THOMAS DOUGHERTY, Applicant vs. H.L. MOE CO., INC.; AIG, adjusted by GALLAGHER BASSETT; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA; Defendants

ADJ number
ADJ11248992
Decision date
Feb 6, 2024
District office
Van Nuys
WCJ
—
Claim administrator
Gallagher Bassett (adjusting for AIG); Travelers Property Casualty Company of America
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: hand, wrist, bilateral hands, bilateral wrists

LC §5412LC §5500.5CCR §10961

Summary

Applicant Thomas Dougherty alleged a cumulative trauma injury to his hands and wrists while working as a plumber. The WCJ found a compensable cumulative trauma injury but fixed the date of injury as February 18, 2020, based on Labor Code section 5500.5 and the date a later QME report provided a definitive diagnosis and resolved ambiguities. Applicant sought reconsideration, arguing the correct date of injury was July 18, 2017, the date of the first QME report, pursuant to section 5412. The Board granted reconsideration, holding that section 5412 requires only evidence of disability and knowledge of industrial causation—not a definitive medical diagnosis—and that the July 18, 2017 QME report satisfied both elements. The Board amended the F&A to reflect a July 18, 2017 date of injury and otherwise affirmed.

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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