Applicant Shaundonna Kelso, an office assistant, sustained a trip-and-fall injury on 11/26/2016 to multiple body parts. After trial on issues of permanent and stationary date, apportionment, attorney fees, and defendant's claimed credit for TD overpayment, the WCJ found a P&S date of 7/17/20 (eliminating the TD overpayment credit) and awarded 54% PD without apportionment because AME Dr. Peter Mandell's opinions were found not to constitute substantial evidence. The County of Fresno petitioned for reconsideration, arguing the evidence did not justify the findings. The Appeals Board adopted and incorporated the WCJ's Report and Opinion on Decision and denied reconsideration, agreeing that Dr. Mandell's MMI opinion was inconsistent, ambiguous and speculative, and that his apportionment opinion lacked the required 'how and why' reasoning.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.