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Terri Scott — ADJ9671636

TERRI SCOTT, Applicant vs. CITY OF LOS ANGELES, permissibly self-insured; administered by TRISTAR RISK MANAGEMENT, Defendants

ADJ number
ADJ9671636
Decision date
Jan 11, 2022
District office
Van Nuys
WCJ
David L. Pollak
Claim administrator
Tristar Risk Management (for permissibly self-insured City of Los Angeles)
Commissioners
—

Injury / body parts: brain, neurological system (post-concussion syndrome), vestibular system (balance disorder), eyes (including optic nerves), right hand, both lower extremities, internal system (sleep disorder), psychiatric system

LC §4061LC §4660LC §4662LC §5701LC §5907CCR §10844

Summary

Terri Scott, a Los Angeles police officer, sustained an industrial right-hand injury in 2012 and a compensable consequence brain injury in a 2014 motor vehicle accident while driving to a treatment appointment. The WCJ found her 100% permanently totally disabled under Labor Code § 4662(a)(4) based on the opinions of treating physicians Dr. Bertoldi (neurology) and Dr. Ross (neuropsychology), who concluded she suffered an injury to the brain resulting in permanent mental incapacity. Defendant sought reconsideration, arguing the WCJ failed to require further discovery under § 4061(i), violated Fitzpatrick by not relying on AMA Guides ratings, and relied on non-substantial medical evidence. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report, holding the physicians' opinions were substantial evidence, corroborated by multiple other treating physicians, and that the conclusive presumption of § 4662(a)(4) properly applied notwithstanding Fitzpatrick.

Issues

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Holding

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Analysis

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Defense takeaway

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