WCPanelIQ
PanelQMEMed-legalGranted in Part

Cheverie, Jessica

JESSICA CHEVERIE, Applicant vs. SCRIPPS HEALTH; SEDGWICK CMS, Defendants

ADJ number
ADJ10325000
Decision date
Dec 28, 2023
District office
San Diego
WCJ
—
Claim administrator
Sedgwick CMS
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: face (facial contusion), jaw/TMJ, nose, ear, head (neurological disorder with traumatic brain injury), psyche

LC §5903LC §5952

Summary

Applicant Jessica Cheverie, a nurse case manager, was struck in the face by a ball at work on February 8, 2016, and claimed injuries to her face, jaw/TMJ, nose, ear, head (with traumatic brain injury), and psyche. The WCJ found industrial injury only to the face (facial contusion) and jaw/TMJ, awarded 8% permanent disability after apportionment, and denied claimed injuries to the nose, ear, head, and psyche, finding the applicant's PTP neurologist Dr. Schweller's reports unpersuasive while crediting numerous PQMEs and an AME who found no objective basis for her subjective complaints. The applicant sought reconsideration challenging the substantial-evidence determinations, the credibility finding, and the denial of additional temporary disability. The Board granted reconsideration and affirmed the F&O on the medical evidence and credibility issues, but amended to award additional temporary disability for August 13, 2016 through February 2, 2018 (with the amount to be adjusted considering EDD payments) and corrected a clerical error regarding the attorney fee reference. The matter was returned to the trial level to develop the record on EDD payments and potential reimbursement.

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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