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PanelQMEMed-legalGranted

Shafer, Charles

CHARLES SHAFER, Applicant vs. MARIN RESOURCE RECOVERY CENTER and ALASKA NATIONAL INSURANCE COMPANY, Defendants

ADJ number: ADJ13053362
Decision date: Nov 30, 2023
District office: Oakland
WCJ: —
Claim administrator: Alaska National Insurance Company
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck, shoulders, back, knee, left shoulder, left wrist, right arm/elbow, lower extremity/knee-patella, bilateral knees

LC §5909LC §5900LC §5902LC §5903LC §5952CCR §10945

Summary

Applicant Charles Shafer claimed multiple industrial injuries (neck, shoulders, back, knees, right arm/elbow) across four claims while working as a superintendent/supervisor. The WCJ awarded temporary disability indemnity beginning February 21, 2022 and found applicant was not barred from TD despite failing to attend a Functional Capacity Evaluation. Defendant sought reconsideration/removal, arguing the QME reports of Dr. Jonathan Rutchik were not substantial evidence on temporary disability. The Board found Dr. Rutchik's opinion that applicant was TTD from February 2022—after previously finding applicant MMI—was conclusory and lacked reasoning explaining the change in opinion, and therefore did not constitute substantial evidence under Escobedo. The Board granted reconsideration, rescinded the F&A, and returned the matter to the WCJ to develop the record by obtaining a supplemental report from Dr. Rutchik.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.