WCPanelIQ
PanelQMEMed-legalGranted

Fletcher, Vernell

VERNELL FLETCHER, Applicant vs. XPO LOGISTICS INC. and ACE AMERICAN INSURANCE COMPANY, administered by CORVEL CORPORATION, Defendants.

ADJ number
ADJ14750024
Decision date
Nov 20, 2023
District office
Riverside
WCJ
—
Claim administrator
Sedgwick Claims Management Services, Inc. (administering for ACE American Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: head, brain, neck, cervical spine, thoracic spine, lumbar spine, shoulders, left shoulder, right shoulder, left leg, left knee, back, body systems

LC §5952LC §5701LC §5906

Summary

Applicant Vernell Fletcher claimed two industrial injuries (December 2, 2020 and March 4, 2021) while working for XPO Logistics as a GTP Coordinator. The WCJ found no injury AOE/COE in either claim, and applicant sought reconsideration, arguing the chiropractic QME's opinion (Dr. Carla Scheel) was substantial evidence of injury. The Board found that Dr. Scheel's reports did not constitute substantial evidence because she expressly anticipated re-evaluating applicant at MMI, agreed at deposition to review additional records (from Manhattan Life and Allied Health) she had not yet seen, and recognized that a re-evaluation would allow her to address inconsistencies in applicant's history. The Board granted reconsideration, rescinded the F&O, and remanded for development of the record—directing that Dr. Scheel be provided the additional records, re-evaluate applicant, and be given the opportunity to review the WCJ's Opinion/Report on credibility inconsistencies.

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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