WCPanelIQ
PanelQMEMed-legalGranted

Boyd, Rochelle

ROCHELLE BOYD, Applicant vs. VISSER; NATIONAL INTERSTATE RICHFIELD, Defendants

ADJ number
ADJ11629744
Decision date
Apr 23, 2023
District office
Pomona
WCJ
—
Claim administrator
National Interstate Richfield
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: cervical spine, lumbar spine, brain, internal system, psyche, head, sexual dysfunction

LC §4062.2LC §5701LC §5906CCR §31.7CCR §10421

Summary

Applicant Rochelle Boyd, a bus driver, claimed injury to the cervical and lumbar spine (admitted) plus the brain, internal system, psyche, head, and sexual dysfunction (disputed) arising from a September 18, 2018 injury. The WCJ found applicant failed to meet her burden of proving injury AOE/COE to the contested body parts and denied her request for additional QME panels in internal medicine, neurology, and psychiatry, reasoning there was no medical referral to those specialties. On reconsideration, the WCAB held that the orthopedic QME's express deferral of non-orthopedic complaints to appropriate specialists, combined with applicant's trial testimony, established good cause for additional panels. The Board rescinded the Findings of Fact, ordered issuance of additional QME panels in internal medicine and psychiatry, and deferred the issue of need for urology and neurology panels pending development of the record. The Board emphasized that a formal physician referral is not required where claimed injuries fall outside the QME's specialty.

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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