WCPanelIQ
PanelQMEMed-legalGranted

Richardson, Chad

CHAD RICHARDSON, Applicant vs. VICTOR VALLEY COMMUNITY COLLEGE, permissibly self-insured, administered by KEENAN & ASSOCIATES, Defendants

ADJ number
ADJ14387238
Decision date
Sep 18, 2023
District office
Santa Barbara
WCJ
—
Claim administrator
Keenan & Associates (administering for permissibly self-insured Victor Valley Community College District)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: lumbar spine

LC §5952LC §5701LC §5906LC §4600

Summary

Chad Richardson, a custodian, sustained an accepted industrial injury to his lumbar spine on February 10, 2021. The dispute concerned permanent disability: applicant relied on PQME Dr. Kelekar's reporting (rating 14%), while defendant relied on PTP Dr. Wood's reporting (rating 0%). The WCJ found applicant not credible due to symptom embellishment and concluded Dr. Kelekar's reporting—which rested on applicant's unvalidated subjective complaints—was not substantial evidence, adopting Dr. Wood's 0% finding. On reconsideration, the Board agreed neither physician's opinion constituted substantial evidence but held that once Dr. Kelekar's reporting was rejected, the proper course was to develop the record rather than default to Dr. Wood's deficient opinion. The Board granted reconsideration, deferred the issue of permanent disability and attorney's fees, found applicant entitled to future medical treatment, and included a finding on the stipulated temporary disability payments.

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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