WCPanelIQ
PanelQMEMed-legalGranted

Lin, David

DAVID LIN, Applicant vs. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA; SEDGWICK, Defendants

ADJ number
ADJ8233486
Decision date
Nov 28, 2023
District office
Van Nuys
WCJ
—
Claim administrator
Sedgwick
Commissioners
JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: neck, back, digestive tract, psyche, internal (asthma), sleep, sexual dysfunction, shoulders, chest, headaches

LC §3202.5LC §5300LC §5301LC §5313LC §5701LC §5708LC §5813LC §5906CCR §10346CCR §10561CCR §10670CCR §10787CCR §10832

Summary

David Lin claimed multiple injuries (neck, back, digestive tract, psyche, asthma, sleep, sexual dysfunction, shoulders, chest, headaches) while employed by the Automobile Club of Southern California. After applicant objected to defendant's notice to appear and testify based on a psychiatric medical restriction supported by his treating doctor and the PQME, a protracted discovery dispute ensued, including applicant's failure to comply with a discovery order regarding a Secretary of State filing naming him CEO of a corporation, resulting in sanctions and an adverse evidentiary inference. The WCJ ultimately found no injury AOE/COE and ordered applicant take nothing, twice having decisions rescinded for inadequate records. On the third reconsideration, the Board found the WCJ once again failed to comply with Labor Code section 5313 and Hamilton/Blackledge, conflated the rebuttable adverse inference (regarding ability to testify) with applicant's case in chief, and improperly refused to admit applicant's deposition transcripts. The Board granted reconsideration, rescinded the F&O, and ordered the case reassigned to a new WCJ due to apparent acrimony and the prior WCJ's inability to create a proper record.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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