WCPanelIQ
PanelQMEMed-legalGranted

Crawford, Audrey

AUDREY CRAWFORD, Applicant vs. RISK MANAGEMENT SERVICES; UNITED STATES FIRE INSURANCE COMPANY, (ONE OF THE CRUM FORSTER GROUP OF COMPANIES), Defendants

ADJ number
ADJ10073209
Decision date
Sep 16, 2021
District office
San Bernardino
WCJ
Sevan Setian
Claim administrator
United States Fire Insurance Company (one of the Crum Forster Group of Companies); Risk Management Services
Commissioners
PATRICIA A. GARCIA, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: right wrist, right arm, right knee, right hip, left wrist

LC §4663LC §4664LC §5701LC §5906LC §5502

Summary

Applicant Audrey Crawford, a 62-year-old LVN at date of injury, sustained an admitted June 9, 2015 injury to her right wrist, arm, knee, and hip while lifting a special needs child, and claimed a compensable consequence left wrist injury. The WCJ originally apportioned the right knee permanent disability based on PTP Dr. Paul Burton's opinion attributing 50% of applicant's osteoarthritis to obesity and age. On reconsideration, the Board agreed with the WCJ's revised conclusion that Dr. Burton's apportionment opinion was not substantial medical evidence because it was framed in terms of 'reasonable medical evidence' rather than reasonable medical probability and failed to explain how obesity and age caused the disability. The Board granted reconsideration, removed the apportionment, and amended the award to a non-apportioned 31% permanent disability ($40,020.00), while affirming the denial of further development of the record and the request for an independent medical examiner.

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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