WCPanelIQ
PanelQMEMed-legalGranted in Part

Frank Tellez Muela — ADJ10724008

FRANK TELLEZ MUELA, Applicant vs. CITY OF WHITTIER, Permissibly Self-Insured, Administered by KEENAN & ASSOCIATES, Defendants

ADJ number
ADJ10724008
Decision date
Jul 10, 2022
District office
Long Beach
WCJ
Julie Feng
Claim administrator
Keenan & Associates (administrator for City of Whittier, Permissibly Self-Insured)
Commissioners
—

Injury / body parts: left knee, left hip, low back, sleep

LC §3202.5LC §4660.1LC §5502

Summary

Applicant, a sewer equipment operator for the City of Whittier, sustained an admitted left knee injury on October 12, 2015, with subsequent claims of injury to the left hip, low back, and sleep. After multiple surgeries and treating physicians, the WCJ found 49% permanent disability based on the reporting of treating physician Dr. Pham rather than the QME Dr. Kolesnik. Defendant sought reconsideration arguing the Court exceeded its powers, that Dr. Pham's ratings were rendered obsolete by extensive subsequent treatment, that apportionment should have been found, and that attorney fees should be held in trust. The WCAB granted reconsideration, adopted the WCJ's report, and affirmed the F&A except to amend subdivision (c) of the Award to hold the $11,484.00 in attorney fees in trust pending a written fee-split arrangement between prior and current counsel, releasable without further Court Order.

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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