WCPanelIQ
PanelQMEMed-legalDenied

Ramon Sanchez — ADJ1635654, ADJ1194753

RAMON SANCHEZ, Applicant vs. ANTHONY INTERNATIONAL INC. and ZENITH INSURANCE COMPANY; TRAVELERS INSURANCE COMPANY, Defendants

ADJ number
ADJ1635654, ADJ1194753
Decision date
Jun 7, 2022
District office
Van Nuys
WCJ
—
Claim administrator
Travelers Insurance Company; Zenith Insurance Company
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck, shoulders, wrists, hands, upper extremities, low back

LC §4656LC §5909

Summary

Travelers Insurance Company sought reconsideration of a December 2, 2021 Findings and Award in which the WCJ found applicant Ramon Sanchez sustained a cumulative injury AOE/COE to his neck, shoulders, wrists, and hands during employment as a refrigerator door assembler (January 22, 1997 through October 12, 2004), was temporarily totally disabled from October 13, 2004 through October 11, 2006 (subject to the 104-week limitation), and sustained 47% permanent disability. Travelers challenged the substantiality of Dr. Tabibian's reporting, argued Dr. Silver's reports proved no cumulative injury, contended Dr. Fisher's QME role was limited to the specific injury, disputed the TTD evidence, and argued Dr. Uwaydah's reports should be excluded due to his fraud indictment. The WCAB first addressed timeliness, holding the 60-day period under Labor Code section 5909 ran from the Board's actual notice (April 11, 2022) under Shipley. On the merits, the Board adopted the WCJ's Report and found the preponderance of evidence supported the findings of Drs. Fisher and Tabibian, the TTD award was supported by Dr. Uwaydah's summary of treatment, and no authority supported excluding Dr. Uwaydah's reports. Reconsideration was denied.

Issues

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Holding

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