WCPanelIQ
PanelQMEMed-legalDenied

McCuan, Anthony

ANTHONY MCCUAN, Applicant vs. COUNTY OF KERN, Permissibly Self-Insured, Defendants

ADJ number
ADJ13280065
Decision date
Mar 3, 2024
District office
Bakersfield
WCJ
—
Claim administrator
County of Kern, Permissibly Self-Insured
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: nervous system, chest (unspecified chest pain), digestive system, excretory system, circulatory system, back, bilateral hips, right shoulder

LC §5904CCR §10955

Summary

Anthony McCuan, a detention deputy for the County of Kern from 2001 to 2019, claimed injury to multiple body systems and parts during his employment. The WCJ found injury to the nervous system and unspecified chest pain, found other claimed injuries unresolved, and ordered further development of the record by way of additional QME panels in Orthopedic Surgery and Internal Medicine. Defendant sought reconsideration, arguing that QME Stephanie Stolinsky, PhD's opinions were substantial medical evidence rendering further development unnecessary. Because the petition challenged only an interlocutory order regarding development of the record (not the threshold AOE/COE finding), the Board treated it under the removal standard. The Board denied the petition, finding no significant prejudice or irreparable harm and that reconsideration would be an adequate remedy if a final adverse decision later issued.

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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