WCPanelIQ
PanelQMEMed-legalGranted

Mark Perez — ADJ10274049

MARK PEREZ, Applicant vs. RALEY’S FINE FOODS, Permissibly Self-Insured, Defendant

ADJ number
ADJ10274049
Decision date
Jul 24, 2022
District office
Salinas
WCJ
—
Claim administrator
CorVel Corporation (administrator for Raley's Fine Foods, Permissibly Self-Insured)
Commissioners
—

Injury / body parts: left knee, right knee, lumbar spine, psyche, hypertension, GERD (gastroesophageal reflux disorder), sleep disturbance

LC §4660.1LC §3208.3

Summary

Applicant Mark Perez, a night crew manager, sustained cumulative industrial injury including to his knees, lumbar spine, and psyche (as a compensable consequence). The WCJ denied applicant an additional psychiatric QME panel and found no catastrophic injury under Labor Code section 4660.1(c)(2)(B). On reconsideration, the Appeals Board (en banc panel) granted the petition, finding that the catastrophic injury determination was premature because permanent disability had been deferred and the 'ultimate outcome' of the physical injury was not yet known. Applying the liberal scope of discovery, the Board held applicant was entitled to a psychiatric QME panel and deferred the catastrophic injury issue until permanent disability is ripe for determination.

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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