WCPanelIQ
PanelQMEMed-legalDenied

Smith, Angie

ANGIE SMITH, Applicant vs. ALAMEDA COUNTY MEDICAL CENTER, permissibly self-insured, administered by BETA HEALTHCARE GROUP, Defendants

ADJ number
ADJ13070871
Decision date
Sep 14, 2023
District office
Oakland
WCJ
Alison Howell
Claim administrator
BETA Healthcare Group (administrator for permissibly self-insured Alameda County Medical Center)
Commissioners
—

Injury / body parts: cervical spine, low back/lumbar spine

LC §139.3LC §5703LC §5502LC §5903LC §5952LC §4650LC §4651LC §4652LC §4653LC §4654LC §4655LC §4656LC §4657LC §4661.5LC §4453LC §5701LC §5906LC §4664LC §4622

Summary

Applicant Angie Smith, a registered nurse, claimed cumulative injury to her cervical spine and low back ending March 5, 2020, in addition to two prior settled lumbar/psyche injuries. The WCJ found AOE/COE injury causing 55% permanent disability based on the PR-4 report of PTP Dr. Brandan Morley, rejecting the QME reports of chiropractor Dr. Don Smallie. Defendant sought reconsideration arguing Dr. Morley's late-received report was improperly admitted in violation of due process, that Dr. Smallie's reports were substantial evidence, and that applicant was P&S on May 20, 2021. The WCAB denied reconsideration, adopting the WCJ's Report, finding Dr. Morley's report complied with Labor Code section 5703, the due process/continuance argument was waived because not raised at trial, and Dr. Morley's report constituted substantial evidence while Dr. Smallie's reports were conclusory and not substantial evidence.

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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