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PanelQMEMed-legalRemanded

Brown, Derek

DEREK BROWN, Applicant vs. SNOOZE HOLDINGS, INC. ; EMPLOYERS ASSURANCE COMPANY, Defendants

ADJ number: ADJ10954369
Decision date: Oct 3, 2021
District office: San Diego
WCJ: —
Claim administrator: Employers Assurance Company
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: head, jaw (TMJ/TMD), psyche, dental, nervous system

LC §4660.1LC §3208.3LC §5909

Summary

Applicant Derek Brown, a restaurant server, struck his head on a coat rack on February 17, 2017, sustaining an admitted industrial injury. The WCJ found 100% permanent disability, including a psychiatric injury directly caused by the industrial head trauma, relying on the opinion of treating physician Dr. MacLean over QME Dr. Tawfique. Defendant sought reconsideration, arguing the psyche injury was a compensable consequence of the physical injury barred from increased PD under Labor Code section 4660.1(c). The Board found Dr. MacLean's reporting ambiguous as to whether the psychiatric injury was directly caused versus a compensable consequence of the physical injury. The Board granted reconsideration, rescinded the Findings and Award, and remanded for clarifying medical reporting from Dr. MacLean. The Board also addressed the Shipley timeliness issue, finding the 60-day reconsideration period ran from the Board's actual notice of the petition.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.