WCPanelIQ
PanelQMEMed-legalDenied

Gunderson, James

JAMES GUNDERSON, Applicant vs. COUNTY OF KERN, Permissibly Self-Insured, Defendants

ADJ number
ADJ9727055
Decision date
Sep 4, 2023
District office
Bakersfield
WCJ
Robert Norton
Claim administrator
County of Kern (permissibly self-insured)
Commissioners
—

Injury / body parts: lumbar spine, thoracic spine, cervical spine, right shoulder, head

LC §5903

Summary

Applicant James Gunderson, a 60-year-old Senior Information Systems Specialist for the County of Kern (permissibly self-insured), sustained a specific industrial injury on March 14, 2014 to his lumbar, thoracic, and cervical spine, right shoulder, and head when he slipped and fell on a staircase. After trial, the WCJ found applicant was within Occupational Group 470 and sustained 70% permanent partial disability after apportionment, relying on QME Dr. Schaffzin's reporting, and excluded defendant's surveillance films and investigator's report for lack of authentication. Defendant petitioned for reconsideration challenging the Occupational Group classification, the substantiality of the medical evidence on apportionment, and the exclusion of the surveillance evidence. The WCAB adopted and incorporated the WCJ's Report and Recommendation and denied reconsideration. The Board held the Occupational Group 470 finding was supported by evidence, Dr. Schaffzin's apportionment opinions were substantial, and surveillance films require authentication by the investigator/camera operator rather than mere review by a treating physician.

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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