WCPanelIQ
PanelQMEMed-legalGranted in Part

Sally Losurdo — ADJ9422746, ADJ9422740, ADJ9422741, ADJ9422742

SALLY LOSURDO, Applicant vs. UNITED PARCEL SERVICE; LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number
ADJ9422746, ADJ9422740, ADJ9422741, ADJ9422742
Decision date
Nov 22, 2021
District office
Marina del Rey
WCJ
Ivy W. Mi
Claim administrator
Liberty Mutual Insurance Company
Commissioners
—

Injury / body parts: fibromyalgia, right knee, left knee, cervical spine, lumbar spine, sacroiliac joint

LC §4060LC §4061LC §4062.2LC §4062.3LC §4064LC §4600LC §4600.5LC §4605LC §4616LC §4628LC §3202LC §3202.5LC §3600LC §5701LC §5703LC §5502LC §5903LC §5952CCR §9785CCR §10606CCR §10414CCR §10962CCR §35.5

Summary

Applicant Sally Losurdo, a UPS center clerk, claimed fibromyalgia as part of two accepted injury claims (a November 7, 2012 specific injury and a continuous trauma through December 24, 2012). The dispute centered on whether the report of Dr. David Yu—obtained through applicant's private insurance—was admissible to support a fibromyalgia diagnosis, and whether the panel QME rheumatologist Dr. Bluestone's contrary opinion was substantial evidence. The WCJ found Dr. Yu's reports admissible and substantial evidence on causation, found Dr. Bluestone's opinions not substantial evidence, found fibromyalgia AOE/COE, and ordered further development of the record with a regular physician under Labor Code section 5701. On reconsideration, the Board adopted and incorporated the WCJ's report, clarifying that admissibility flowed from section 4605 (privately procured consulting/treating physician) under Valdez and Batten rather than section 4060(b), and treated Dr. Yu as a secondary physician. The Board rescinded the Joint F&O and substituted new findings for clarity, making no substantive changes, and confirmed development of the record.

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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