WCPanelIQ
PanelQMEMed-legalGranted

Blanck, Lou

LOU BLANCK, Applicant vs. WATER RESOURCES CONTROL BOARD; Legally Uninsured, Administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ2937484
Decision date
Nov 26, 2023
District office
San Luis Obispo
WCJ
—
Claim administrator
State Compensation Insurance Fund (administering for legally uninsured Water Resources Control Board)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: upper extremities (fibromyalgia), nose (allergic rhinitis, sinusitis, post nasal drip), liver, psyche, hypertension, bowels (gastrointestinal system), eyes, mouth, teeth, kidneys, skin, nervous system, hips, gall bladder, thyroid, endocrine system, sexual function, brain, heart

LC §3202LC §4060LC §4061LC §4062.3LC §5309LC §5310LC §5313LC §5705LC §5803LC §5901LC §5903LC §5907LC §5908LC §5908.5LC §5950LC §5952CCR §10787

Summary

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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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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