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PanelQMEMed-legalLienGranted in Part

Tole, Darrell

DARRELL TOLE, Applicant vs. BIAGI BROS INC.; ZURICH AMERICAN INSURANCE COMPANY ADMINISTERED BY COTTINGHAM & BUTLER CLAIMS, Defendants

ADJ number: ADJ16120106
Decision date: Mar 25, 2024
District office: Santa Rosa
WCJ: Heidi K. Hengel
Claim administrator: Cottingham & Butler Claims (administering for Zurich American Insurance Company)
Commissioners: —

Injury / body parts: right knee

LC §5708LC §3202.5

Summary

Applicant Darrell Tole, a 57-year-old truck driver for Biagi Bros Inc., sustained injury to his right knee on February 18, 2022, when he crawled under a truck trailer to inspect it for damage. The sole trial issue was injury AOE/COE. The WCJ found industrial injury based on applicant's testimony and the substantial medical evidence of QME Dr. Diane Michael, but excluded defendant's Exhibits A (a psychiatric QME report by Dr. Vanessa Vagt) and B (EDD lien and medical certifications) on relevancy grounds. Defendant sought reconsideration. The WCAB granted reconsideration, holding that under Labor Code section 5708 the probative value of evidence is a matter of weight rather than admissibility, and amended the decision to admit Exhibits A and B—but otherwise affirmed the finding of industrial injury because the admitted evidence did not overcome the substantial evidence supporting causation.

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.