WCPanelIQ
PanelQMEMed-legalDenied

Stokes, Jasmine

JASMINE STOKES, Applicant vs. CITY OF SANTA ROSA, permissibly self-insured, administered by LWP CLAIMS SOLUTIONS, INC., Defendants

ADJ number
ADJ16542754
Decision date
Nov 2, 2023
District office
Santa Rosa
WCJ
—
Claim administrator
LWP Claims Solutions, Inc. (administering for City of Santa Rosa, permissibly self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: cervical spine, right shoulder, low back, right elbow, right forearm, right hand

Summary

Applicant Jasmine Stokes, a bus driver for the City of Santa Rosa, claimed injury to multiple body parts on June 1, 2022. The WCJ found AOE/COE injury to her cervical spine, right shoulder, and low back, relying on treating physician Dr. Morely's reports over QME Dr. McGillicuddy's contrary opinion, and ordered the parties to further develop the record on temporary disability. Defendant sought reconsideration, arguing it was entitled to a supplemental report from Dr. McGillicuddy and that Dr. Morely's reports were not substantial evidence. The WCAB denied reconsideration, finding Dr. Morely's reports constituted substantial evidence consistent with applicant's credible testimony, and that defendant's due process argument failed because the WCJ's order to develop the record matched defendant's own trial objection. The Board also admonished counsel for misrepresenting the trial record regarding the timing of shoulder injury evidence.

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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