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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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.
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