WCPanelIQ
PanelQMEMed-legalGranted

Kathleen Phillips — ADJ11629114

KATHLEEN PHILLIPS, Applicant vs. SHORENSTEIN HAYS-NEDERLANDER THEATRES, LLC; STATE NATIONAL INSURANCE COMPANY, INC., administered by MEADOWBROOK INSURANCE, Defendants

ADJ number
ADJ11629114
Decision date
Sep 15, 2022
District office
San Francisco
WCJ
—
Claim administrator
Meadowbrook Insurance (administering for State National Insurance Company, Inc.)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER

Injury / body parts: hips

LC §4062.3LC §5701LC §5904CCR §31.5CCR §10682CCR §10955

Summary

Applicant Kathleen Phillips, a dresser, sustained an industrial injury to her hips on December 27, 2017. The WCJ found that PQME Dr. John Wellborn's reports did not constitute substantial medical evidence and, based on that finding, ordered his reports stricken from the record and disqualified him as PQME. Defendant sought reconsideration challenging the substantiality finding. The Appeals Board granted reconsideration, agreeing the reports were not substantial medical evidence but held that the substantiality of a report goes to weight, not admissibility, and that there were no legal grounds to strike the reports or disqualify the PQME. The Board rescinded the June 28, 2022 Findings and Order and substituted new Findings of Fact affirming the lack of substantiality but omitting the striking of the reports and disqualification of Dr. Wellborn.

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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