WCPanelIQ
PanelQMEMed-legalGranted

Fitzgerald, Kelsi

KELSI FITZGERALD, Applicant vs. RABOBANK - OPERATIONS CENTER; SOMPO AMERICA FIRE & MARINE INSURANCE COMPANY, Defendants

ADJ number
ADJ13114280
Decision date
Jun 22, 2023
District office
Santa Barbara
WCJ
—
Claim administrator
Sompo America Fire & Marine Insurance Company
Commissioners
—

Injury / body parts: upper extremities, respiratory system, rheumatoid arthritis, sarcoidosis

LC §5906

Summary

Applicant Kelsi Fitzgerald alleged a cumulative trauma injury ending January 1, 2019 to her upper extremities and respiratory system in the form of rheumatoid arthritis and sarcoidosis. The WCJ found industrial injury based on QME rheumatologist Dr. Melvin Britton's opinion that workplace mental stress aggravated applicant's pre-existing, admittedly non-industrial conditions. Defendant sought reconsideration, arguing the industrial injury finding was not supported by substantial medical evidence. The Board agreed, holding that Dr. Britton's opinions—repeatedly couched as 'I feel' and acknowledging another physician 'might come to another conclusion'—were speculative and not based on reasonable medical probability. The Board granted reconsideration, rescinded the Findings and Award, and remanded for further development of the record on the issue of industrial causation.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.