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Shawneea Pattee — ADJ10801387

SHAWNEEA PATTEE, Applicant vs. VITALIA NATUROPATHIC MEDICINE DBA VITALIA NATURAL MEDICINE; HARTFORD INSURANCE GROUP; EMPLOYERS PREFERRED INSURANCE COMPANY, Defendants

ADJ number: ADJ10801387
Decision date: Mar 23, 2022
District office: San Diego
WCJ: Phillips Alpert (Arbitrator)
Claim administrator: Employers Preferred Insurance Company (EPIC); Hartford Insurance Group
Commissioners: —

Injury / body parts: neck, arms, wrist, shoulders

LC §3208.1LC §5500.5LC §3600LC §5412LC §5701LC §5906

Summary

Applicant claimed a cumulative trauma injury to her neck, arms, wrist, and shoulders while working as a patient care coordinator, with both EPIC and Hartford insuring her employer during the CT period. Applicant elected against Hartford, which settled by Compromise and Release and then petitioned EPIC for contribution. The arbitrator found a compensable industrial injury and ordered proportional contribution, relying largely on the PQME's reports. On reconsideration, the WCAB held that the PQME reports were not substantial medical evidence because they used speculative language ('medically possible to assume,' 'most plausible') rather than reasonable medical probability, and recommended referral to another specialist that Hartford never pursued. The Board rescinded the award and denied Hartford's Petition for Contribution, finding Hartford failed to meet its burden of proving applicant sustained an industrial injury.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.