WCPanelIQ
PanelQMEMed-legalRemanded

Sandhu, Amarjit

AMARJIT SANDHU, Applicant vs. SMART AND FINAL, Permissibly Self-Insured, Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ7593685
Decision date
Date unavailable
District office
Santa Ana
WCJ
—
Claim administrator
Sedgwick Claims Management Services (for permissibly self-insured Smart and Final)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: lumbar spine, sleep disorder, gastroesophageal reflux disorder (GERD), hypertension, diabetes, psyche

LC §4663LC §4660.1LC §5900LC §5904CCR §10955

Summary

Applicant Amarjit Sandhu, a 22-year-old stocker, sustained an industrial low back injury in 2009 (ADJ7593685) leading to failed back surgery plus internal conditions (sleep disorder, GERD, hypertension, diabetes) and psychiatric injury. The WCJ awarded 100% permanent disability based on vocational evidence rebutting a 47% scheduled rating, but the defendant petitioned for reconsideration arguing the WCJ ignored apportionment opinions of the PQMEs (Dr. Galarza in psychiatry and Dr. Fisher in internal medicine), denied a vocational re-evaluation, and excluded newly discovered surveillance evidence. The Appeals Board held that the vocational experts failed to review Dr. Fisher's final internal-medicine apportionment report and Dr. Galarza's psychiatric reporting, rendering their opinions insubstantial, and that Dr. Galarza's apportionment opinion failed Escobedo standards. Applying Nunes I and II, the Board rescinded the permanent disability and apportionment findings and returned ADJ7593685 to the trial level for further development of the record. The companion case ADJ7593673 (finding no injury) was affirmed as unchallenged.

Issues

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Holding

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Analysis

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Defense takeaway

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