WCPanelIQ
PanelQMEMed-legalDenied

Richard Brand — ADJ12897344

RICHARD BRAND, Applicant vs. BUSH CONSTRUCTION; FEDERAL INSURANCE COMPANY, administered by GALLAGHER BASSETT, Defendants

ADJ number
ADJ12897344
Decision date
Mar 6, 2022
District office
Fresno
WCJ
Angelique Scott
Claim administrator
Gallagher Bassett (administering for Federal Insurance Company)
Commissioners
—

Injury / body parts: low back, neck, left shoulder, right knee, right shoulder

LC §5900LC §5902

Summary

Carpenter Richard Brand alleged a cumulative trauma injury (CT 6/22/2017–6/22/2018) to his low back, neck, left shoulder, and right knee while working for Bush Construction; defendant accepted only the right shoulder. The PQME chiropractor, Dr. Nathan Oehlschlaeger, opined the heavy physical labor partially contributed to worsening impairment in the disputed body parts on top of significant preexisting injuries and surgeries. The WCJ found Dr. Oehlschlaeger's opinions to be substantial medical evidence and awarded injury to all disputed parts. Defendant sought reconsideration, arguing the PQME's causation opinion was conclusory and that he admitted incompetence to evaluate certain conditions (the Chiari malformation, surgical procedures, and comparing diagnostic studies). The WCAB adopted the WCJ's report and denied reconsideration, finding the PQME's opinion well-supported and that defendant's hypothetical scenarios lacked any supporting medical evidence.

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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