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PanelQMEMed-legalGranted

Fisher, Richard

RICHARD FISHER, Applicant vs. KLINGSPOR ABRASIVES, INC.; ALLIANZ GLOBAL CORPORATE AND SPECIALTY, Defendants

ADJ number: ADJ11434587
Decision date: Mar 11, 2024
District office: Oakland
WCJ: —
Claim administrator: Allianz Global Corporate and Specialty
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: low back

LC §110LC §111LC §133LC §134LC §3201LC §3300LC §4061LC §4062.1LC §4062.2LC §4064LC §4605LC §4606LC §5300LC §5301LC §5302LC §5701LC §5703LC §5803LC §5900LC §5901LC §5903LC §5906LC §5908.5LC §5909LC §5950LC §5952CCR §10205CCR §10205.4CCR §10206CCR §10206.3CCR §10208.5CCR §10392CCR §10507CCR §10508CCR §10845CCR §10940CCR §10962

Summary

Applicant Richard Fisher sustained a low back injury on September 6, 2017 while working as a factory representative for Klingspor Abrasives. The WCJ found 17% permanent disability based on QME Dr. Holmes' reports, declining to rely on treating physician Dr. Mirza's reports because the WCJ was unsure whether Dr. Mirza was applicant's primary treating physician and whether he was in defendant's MPN. The Board granted reconsideration, holding that MPN membership and 'primary treating physician' designation are payment issues that do not determine whether a physician's report constitutes substantial evidence. The Board rescinded the FA&O and remanded, noting Dr. Holmes failed to consider Dr. Mirza's later reports including the April 2022 P&S report, requiring 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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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.