WCPanelIQ
PanelQMEMed-legalDenied

Karen Sigurdson — ADJ14365786

KAREN SIGURDSON, Applicant vs. WOODSTOVE & SON CONTRACTOR DIRECT; MARKEL SERVICE, INC., dba MARKEL INSURANCE SERVICES, Defendants

ADJ number
ADJ14365786
Decision date
Oct 9, 2022
District office
Salinas
WCJ
—
Claim administrator
Markel Service, Inc., dba Markel Insurance Services
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: arms, hands, neck, back, elbows, wrists, fingers

LC §4062.3LC §3600LC §3202.5LC §5502CCR §35

Summary

Applicant Karen Sigurdson sought reconsideration of a WCJ's F&O finding she did not sustain an injury AOE/COE to her arms, hands, neck, or back on her second cumulative trauma claim. Her first CT claim against the same employer for the hands had been settled by a $50,000 C&R covering all body parts and periods of employment through her last day worked (3/4/19). Applicant argued that defendant's December 14, 2021 advocacy letter to AME Dr. Mandell violated Labor Code section 4062.3 and AD Rule 35 because it was not served 20 days before being sent to the AME, and that the AME's supplemental report should be excluded and the record further developed on neck/back injury. The Board denied reconsideration, finding no valid basis to exclude the AME's report given the lack of timely objection and presumed agreement to provide the information, and finding no basis to develop the record because applicant failed to exercise due diligence in discovery. The petition was denied.

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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