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Denise Armtrout — ADJ162421

DENISE ARMTROUT, Applicant vs. PLEASANTON UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted by KEENAN ASSOCIATES, Defendants

ADJ number
ADJ162421
Decision date
Jan 27, 2022
District office
Oakland
WCJ
Alison Howell
Claim administrator
Keenan Associates (administering for Pleasanton Unified School District, Permissibly Self-Insured)
Commissioners
—

Injury / body parts: legs, lower extremities (lymphedema)

LC §4600LC §4610LC §4610.5LC §4610.6LC §4062LC §5900LC §5902LC §5903CCR §10955

Summary

Applicant Denise Armtrout sustained an industrial injury to her legs in the form of lymphedema while working as a Child Nutrition Specialist. Her treating physician requested authorization for lymphatic massage therapy, which UR denied and a June 3, 2021 IMR determination upheld on the basis that the ODG does not recommend lymphatic drainage 'for pain.' The WCJ found the IMR determination contained a plainly erroneous finding of fact—treating the request as one for pain treatment when the massage was actually intended to treat applicant's objectively verified retention of lymphatic fluid—and remanded the dispute to the Administrative Director for a new IMR by a different reviewer. The Board treated defendant's Petition for Removal as one for reconsideration and denied it, adopting the WCJ's reasoning that distinguishing between treating pain and treating fluid retention is a matter of ordinary knowledge not requiring expert opinion.

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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