DANAE SCHMITZER, Applicant vs. MCCLATCHY NEWSPAPERS dba THE FRESNO BEE, permissibly self-insured, administered by SEDGWICK CMS, Defendants
ADJ number
ADJ9536904
Decision date
Date unavailable
District office
Fresno
WCJ
Debra Sandoval
Claim administrator
Sedgwick CMS
Commissioners
—
Injury / body parts: respiratory system (cough, airway and mucosal irritation), psyche (anxiety and depression)
CCR §10974
Summary
Danae Schmitzer, an Account Executive for The Fresno Bee, was exposed to mold from a roof leak during the winter of 2012-2013, with the parties disputing only the nature and extent of her injury. Applicant, relying on treating physician Dr. Lysander Jim, claimed she developed Chronic Inflammatory Response Syndrome (CIRS) causing permanent total disability across virtually all body systems. The WCJ instead relied on court-appointed IME Dr. Nachman Brautbar (toxicology/forensic/internal medicine) and Psychiatric IME Dr. Myron Nathan, finding industrial injury limited to the respiratory system (cough, airway/mucosal irritation) and psyche, resulting in 42% permanent disability. The WCJ found Dr. Jim's reports overstated and misrepresented lab results and that CIRS diagnostic criteria were not met. The WCAB adopted and incorporated the WCJ's report and denied reconsideration.
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.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.