WCPanelIQ
PanelQMEMed-legalDenied

Moses Franklin — ADJ13521490

MOSES FRANKLIN, Applicant vs. CLINE COLLISION CENTER; SEQUOIA INSURANCE COMPANY, Defendants

ADJ number
ADJ13521490
Decision date
Nov 17, 2022
District office
Santa Rosa
WCJ
Katie F. Boriolo
Claim administrator
Sequoia Insurance Company
Commissioners
—

Injury / body parts: lumbar spine, neck, bilateral knees

LC §3208.1LC §3208.2

Summary

Applicant Moses Franklin, a 40-year-old auto body technician, claimed an industrial injury to his lumbar spine on July 9, 2020 after lifting a 500-pound Peterbilt hood while working for Cline Collision Center. The WCJ issued a Findings and Award finding a specific injury to the lumbar spine AOE/COE, awarding temporary disability at $1,055.50 per week from July 16, 2020 and future medical treatment, while finding insufficient evidence of injury to the neck and bilateral knees. Defendant Sequoia Insurance Company petitioned for reconsideration, arguing the specific injury finding was not supported by substantial evidence, that the order to develop the record was improper, and that the F&A failed to address the disputed cumulative trauma issue. The WCJ recommended denial, explaining that only the specific injury claim (ADJ13521490) was at issue and submitted, that the separately pled CT claim (ADJ15593502) was not before the Board, and that PQME Dr. Scott Taylor's reporting constituted substantial medical evidence based on adequate history and examination. The WCAB adopted and incorporated the WCJ's report and denied 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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