WCPanelIQ
PanelQMEMed-legalDenied

Kim, Esther

ESTHER KIM, Applicant vs. COUNTY OF KERN, permissibly self-insured, self-administered, Defendant

ADJ number
ADJ10466043
Decision date
Date unavailable
District office
Bakersfield
WCJ
Donald H. Johnson
Claim administrator
County of Kern (permissibly self-insured, self-administered)
Commissioners
—

Injury / body parts: cervical spine, thoracic spine, lumbar spine, bilateral shoulders, bilateral elbows, bilateral wrists, bilateral hands, bilateral knees (claimed)

LC §5701LC §5903

Summary

Esther Kim, a social services worker for the County of Kern (self-insured), claimed cumulative injury during employment from June 1993 through July 2017 to multiple body parts. The WCJ found AOE/COE injury to the cervical, thoracic, and lumbar spine, shoulders, elbows, wrists, and hands, awarded 74% permanent disability, and found the reports of chiropractic QME Joel W. Bird, D.C., to be substantial medical evidence. Defendant sought reconsideration, challenging the thoracic/lumbar injury findings, inclusion of grip loss in the rating, and Dr. Bird's no-apportionment opinion. The majority (Capurro and Snellings) affirmed the F&A, adopting the WCJ's Report and finding Dr. Bird's reports constituted substantial evidence with no evidence of bias, speculation, or inexperience. Commissioner Razo dissented, finding Dr. Bird's reports biased, argumentative, and unprofessional based on repeated disparaging comments about industrial medical treatment providers, and would have removed him as QME.

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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