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Monica Thiede — ADJ10261474

MONICA THIEDE, Applicant vs. OBE LABOR, INC., and TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

ADJ number
ADJ10261474
Decision date
Feb 3, 2022
District office
San Francisco
WCJ
Eugene Gogerman
Claim administrator
Travelers Property Casualty Company of America
Commissioners
—

Injury / body parts: lumbar spine, cervical spine, shoulders, upper extremities, lower extremities (legs), nervous system, circulatory system, face, ears/hearing (tinnitus), brain (alleged, found non-compensable)

LC §4628LC §4662LC §4663LC §5502CCR §32

Summary

Applicant Monica Thiede sustained an admitted cumulative trauma injury ending December 16, 2013, while working as a warehouse product manager. After trial, the WCJ found additional compensable body parts (nervous and circulatory systems, legs, face, and hearing/tinnitus) beyond those admitted, and found permanent total disability based on the reporting of treating physician Dr. Newkirk and applicant's vocational expert Maria Brady. Defendants petitioned for reconsideration arguing the QME (Dr. Lewis) reports were not substantial evidence, that additional QMEs in other specialties were required, and that exclusion of their vocational expert's supplemental report (exhibit C) was improper. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report and Opinion, and held that the issue of additional PQMEs was waived because it was not raised at trial or in the second amended PTCS. The Board found the award was supported by substantial medical evidence (Dr. Newkirk's reports) and substantial vocational evidence (Ms. Brady), independent of any deficiencies in Dr. Lewis's reporting.

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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