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PanelQMEMed-legalDenied

McDonnell, Annette

ANNETTE MCDONNELL, Applicant vs. PARADISE RIDGE WINERY; OAK RIVER INSURANCE, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number: ADJ11796055
Decision date: Date unavailable
District office: Santa Rosa
WCJ: Katie F. Boriolo
Claim administrator: Berkshire Hathaway Homestate Companies (administering Oak River Insurance)
Commissioners: —

Injury / body parts: left shoulder

LC §4628LC §5701LC §5900LC §5902LC §5903CCR §10330CCR §10682CCR §10843

Summary

Applicant Annette McDonnell, a tasting room manager at Paradise Ridge Winery, sustained a specific injury to her left shoulder on June 13, 2018 and a cumulative trauma from June 13, 2017 through November 12, 2021. Defendant sought to strike QME Donald Lee, D.O. for an alleged violation of Labor Code section 4628 (anti-ghostwriting statute) and also challenged the finding of cumulative trauma injury. The PWCJ found insufficient evidence that Dr. Lee violated section 4628 and confirmed the cumulative trauma injury that had been previously stipulated to and found final. The WCAB denied reconsideration, adopting the PWCJ's report, holding that Dr. Lee complied with section 4628(c) by personally reviewing record excerpts and the history outline prepared by assistants, and that the cumulative trauma finding was long final and binding.

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.