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PanelQMEDenied

Davie, Jalan

JALAN DAVIE, Applicant vs. GREATER BAY PROTECTION SERVICES; ACCREDITED SURETY AND CASUALTY COMPANY, INC., administered by BRENTWOOD SERVICES ADMINISTRATORS, INC., for U.S. ADMINISTRATORS CLAIMS, Defendants

ADJ number: ADJ16838747
Decision date: May 11, 2023
District office: Oakland
WCJ: Joanna Stevenson
Claim administrator: Brentwood Services Administrators, Inc., for U.S. Administrators Claims (administering for Accredited Surety and Casualty Company, Inc.)
Commissioners: —

Injury / body parts: right shoulder

LC §128LC §3202.5LC §4060LC §4061LC §4062LC §4062.2LC §4062.5LC §4610LC §4650LC §5814LC §5952CCR §138.4CCR §9812

Summary

Jalan Davie, a security guard for Greater Bay Protection Services, sustained an admitted right shoulder injury on August 11, 2022. After his primary treating physician, Dr. Rakkar, found him temporarily totally disabled, defendants objected and initiated the panel QME process, taking the position that no temporary disability was owed until the QME evaluation occurred, and also asserting (for the first time at trial) that the WCAB lacked jurisdiction because the claim allegedly fell under the LHWCA. The WCJ found the WCAB had at least concurrent (if not exclusive) jurisdiction because applicant's work was purely land-based, and awarded temporary total disability based on Dr. Rakkar's substantial medical reporting from December 12, 2022 forward. On reconsideration, the Board adopted and incorporated the WCJ's Opinion on Decision and Report and Recommendation and denied the Petition for Reconsideration.

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.