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Gary Farrell — ADJ11158729, ADJ11158728

GARY FARRELL, Applicant vs. DEFENDERS DIRECT, INC., and TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA; AMERICAN ZURICH INSURANCE COMPANY, Defendants

ADJ number: ADJ11158729, ADJ11158728
Decision date: Nov 28, 2022
District office: Bakersfield
WCJ: Robert Norton
Claim administrator: Travelers Property Casualty Company of America; American Zurich Insurance Company
Commissioners: —

Injury / body parts: low back, lumbar spine

LC §5903

Summary

Applicant Gary Farrell sustained two specific industrial low back injuries (September 28, 2016 and August 12, 2017) while working as a security advisor for Defenders Direct, Inc. The WCJ found 8% PD for the first injury and 13% PD for the second, relying on the reports of QME Dr. Marc Friedman rather than AME Dr. Alexander Angerman. Applicant sought reconsideration arguing Dr. Friedman's reports were not substantial evidence and that Dr. Angerman's AME reports should control. The WCAB denied reconsideration, holding that Dr. Angerman's reports were not substantial evidence because he repeatedly stated he lacked the complete medical record (including the post-second-injury MRI and epidural injection records), while Dr. Friedman's reports were well-reasoned and based on an adequate history, constituting substantial evidence under Escobedo.

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.