WCPanelIQ
PanelQMEMed-legalDenied

Rhonda Robinson — ADJ10843970, ADJ8222844, ADJ8827855, ADJ8971975

RHONDA ROBINSON, Applicant vs. UNIVERSITY OF CALIFORNIA AT BERKELEY; SEDGWICK CMS, Defendants

ADJ number
ADJ10843970, ADJ8222844, ADJ8827855, ADJ8971975
Decision date
Aug 8, 2022
District office
Oakland
WCJ
Therese Da Silva
Claim administrator
Sedgwick CMS
Commissioners
—

Injury / body parts: back, neck, bilateral knees, shoulders, right groin/thigh, bilateral wrists, psyche

LC §3208.3

Summary

Applicant Rhonda Robinson, a financial analyst at UC Berkeley, sustained four industrial injuries: three accepted orthopedic claims (back/neck/knees/shoulders, right groin/thigh, bilateral wrists) and a denied cumulative trauma psychiatric injury based on a hostile work environment. The WCJ issued a joint Findings and Award of 100% permanent total disability across all four cases, relying on QME Dr. Allan Kipperman, who found the orthopedic and psychiatric injuries 'inextricably intertwined' and unable to be apportioned. Defendant petitioned for reconsideration, arguing Dr. Kipperman's inability to apportion causation was conclusory and not substantial medical evidence. The WCAB adopted and incorporated the WCJ's report and denied reconsideration, finding the QME's reporting over eight years constituted substantial medical evidence and that defendant offered no viable theory of apportionment, which is its burden to establish.

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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