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PanelQMEMed-legalRemanded

Ontell, Lawrence

LAWRENCE ONTELL, Applicant vs. LABORATORY CORPORATION OF AMERICA HOLDINGS and ACE AMERICAN INSURANCE COMPANY, administered by BROADSPIRE SERVICES, INC., Defendants

ADJ number: ADJ12841348
Decision date: Date unavailable
District office: Santa Rosa
WCJ: —
Claim administrator: Broadspire Services, Inc.
Commissioners: JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: right shoulder, right hand

LC §5952LC §5701LC §5906

Summary

Applicant Lawrence Ontell claimed injury to his right shoulder and right hand while working as a patient services technician specialist on October 29, 2019. QME Dr. Ronald Wolfson found applicant permanent and stationary with 12% WPI after applying what he characterized as an Almaraz/Guzman analysis, and the WCJ awarded 17% permanent disability. Defendant sought reconsideration arguing Dr. Wolfson failed to perform a proper Almaraz/Guzman analysis because he provided no work restrictions, contending PD should be 13%. The Board agreed there is no legal requirement for work restrictions to support an Almaraz/Guzman analysis, but found Dr. Wolfson did not follow the required four-step analysis from Milpitas, so his report did not constitute substantial evidence. The Board affirmed the F&A but deferred the issues of permanent disability and attorney fees, returning the matter to the WCJ to develop the record by obtaining a supplemental report from Dr. Wolfson. It also corrected a clerical error regarding the missing WCAB seal.

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.