Applicant Lou Blanck petitioned for reconsideration of a September 11, 2023 Findings of Fact and Award in which the WCJ found industrial injury to multiple body parts, denied injury to others, awarded 56% permanent disability, and found apportionment of the liver impairment based partly on pre-existing hepatitis and obesity. The applicant contended the record was inadequate, disputed liver apportionment and the use of AME O'Neill (not a certified toxicologist), and argued additional QME evaluations (gastroenterology, cardiology, orthopedics, ophthalmology, dentistry, dermatology) were warranted, particularly given newly discovered evidence including a sebaceous carcinoma diagnosis and a primary treating physician opinion of total permanent disability. The Board granted reconsideration, noting evidentiary deficiencies including uncertainty about when exhibits were marked and admitted, and questions about whether the record was substantial and complete. The Board deferred a final decision on the merits and ordered the matter set for a status conference before a WCJ or hearing officer to determine whether further development of the record is necessary.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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.