WCPanelIQ
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Raonall Smith — ADJ7803842

RAONALL SMITH, Applicant vs. ST. LOUIS RAMS and GREAT DIVIDE INSURANCE COMPANY (CARE OF) BERKLEY ENTERTAINMENT INSURANCE, Defendants

ADJ number
ADJ7803842
Decision date
Apr 11, 2022
District office
Oakland
WCJ
—
Claim administrator
Great Divide Insurance Company (administered by Berkley Entertainment Insurance / Berkley Specialty Underwriting Managers, LLC)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: head, neck, bilateral upper extremities, spine, lumbar spine, hips, bilateral lower extremities, bilateral shoulders, bilateral knees, neurological system (headaches, sleep disorder), internal system (GERD, bilateral hernias), dental/TMJ

LC §3208.2LC §5303LC §4060LC §4064LC §4605LC §5703LC §4061

Summary

Raonall Smith, a former professional football player for the St. Louis Rams, claimed a cumulative trauma injury (April 2006–March 1, 2008) to multiple body systems. The WCJ admitted reports from applicant's treating physician Dr. Styner and consulting physicians Dr. Leynes (internal medicine) and Dr. Nudleman (neurology), and found 85% permanent disability. Defendant petitioned for reconsideration, arguing the reports were inadmissible medical-legal reports, the Summary of Evidence was inaccurate, several specific injuries were improperly merged into one cumulative injury, and the disability should have been rated by a DEU rater. The Appeals Board affirmed the F&O, finding the doctors were admissible attending/consulting physicians under section 4605 and Batten, the merger argument was waived because it was not raised at trial, and a WCJ may independently rate permanent disability without a DEU rater.

Issues

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Holding

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