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PanelQMEMed-legalGranted in Part

Ushes, Rosa

ROSA UHES, Applicant vs. FRANCIS CORD COPPOLA PRESENTS, LLC; NORTH RIVER INSURANCE COMPANY administered by CRUM & FORSTER, Defendants

ADJ number: ADJ10961161
Decision date: Date unavailable
District office: Santa Rosa
WCJ: —
Claim administrator: Crum & Forster (administering North River Insurance Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: mouth, eyes, nervous system, taste and smell

LC §5705LC §3202.5LC §3600LC §3208LC §5401LC §6302

Summary

Applicant Rosa Uhes ingested one sip of trisodium phosphate (TSP) at work as a wine taster/cellar worker on August 17, 2016, mistaking it for citric acid, and went to the ER and obtained follow-up care for approximately two months. The WCJ initially found no industrial injury to her eyes, mouth, and nervous system. On reconsideration, applicant argued the QME opinions did not constitute substantial medical evidence and that the QME failed to perform a complete examination. The Board rescinded the WCJ's F&O and substituted a new finding that applicant did sustain an industrial injury to her mouth (because the injury exceeded mere first aid), but that the injury resulted in no permanent disability and no need for future medical treatment. The Board found the QME reporting substantial and credited the WCJ's analysis of applicant's poor credibility as a historian.

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.

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.