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PanelQMEMed-legalRemanded

Walsh, Patrick

PATRICK WALSH, Applicant vs. SKYLINE STEEL ERECTORS; ZURICH, Defendants

ADJ number: ADJ9880634
Decision date: Apr 4, 2021
District office: Redding
WCJ: —
Claim administrator: Zurich
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: multiple stipulated body parts (seventeen), internal/internal medicine conditions, orthopedic

LC §4662LC §4663LC §5900

Summary

Patrick Walsh, an ironworker, sustained an industrial injury on December 15, 2014 to seventeen stipulated body parts. The WCJ initially found permanent and total disability, which the Board amended to 91% in an April 5, 2021 decision. Applicant petitioned for reconsideration, arguing that the combined opinions of the internal medicine QME (Dr. Anderson) and vocational expert (Mr. Sidhu) supported permanent total disability, and that apportionment was barred under Hikida and Justice because his disability stemmed from medical treatment consequences. The Board concluded the matter must be remanded in light of its recent en banc decisions in Nunes I and Nunes II, because applicant's vocational expert had impermissibly substituted a 'vocational apportionment' opinion that disregarded the 25% non-industrial orthopedic apportionment assessed by Dr. Sommer. The Board rescinded the findings on permanent disability, apportionment, and attorney's fees and returned the case to the WCJ.

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.