WCPanelIQ
PanelQMEMed-legalRemanded

Laura Richardson — ADJ11231613

LAURA RICHARDSON, Applicant vs. HAVAS FORMULA and XL SPECIALTY INSURANCE, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ11231613
Decision date
Jul 5, 2022
District office
Sacramento District Office
WCJ
—
Claim administrator
Gallagher Bassett Services, Inc.
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: cervical spine

LC §5952LC §5701LC §5906

Summary

Applicant Laura Richardson injured her cervical spine while working as an outside sales manager on August 6, 2016. The WCJ found AOE/COE injury to the cervical spine, temporary total disability from August 6, 2016 through November 11, 2016, a permanent and stationary date of November 11, 2016, and no permanent disability. Applicant sought reconsideration arguing she had not reached MMI, that additional body parts (back, knee, shoulder) were at issue, and that defendant's admission of only the cervical spine left the back claim open. The Board affirmed the F&A regarding the limitation to the cervical spine because the parties stipulated to that body part at trial, but found the QME opinions of Dr. Hsia and Dr. Meehan were internally inconsistent regarding the P&S date (8/16/17 for the slip-and-fall vs. 11/11/16 MRI date for the cervical spine) and thus not substantial evidence on the temporary disability and P&S issues. The Board amended the F&A to defer Findings 2 and 3 and remanded for further development of the record via supplemental reports from the existing QMEs.

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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