WCPanelIQ
PanelQMEMed-legalGranted

Desiree Johnson — ADJ11336505

DESIREE JOHNSON, Applicant vs. CADLAC, INC., dba DEL TACO and TECHNOLOGY INSURANCE COMPANY, administered by AMTRUST FINANCIAL SERVICES, INC., Defendants

ADJ number
ADJ11336505
Decision date
Jul 29, 2021
District office
Marina del Rey
WCJ
—
Claim administrator
AmTrust Financial Services, Inc.
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: hands, fingers, skin

LC §5952LC §5701LC §5906CCR §10330

Summary

Applicant Desiree Johnson, a fast food worker for Del Taco, claimed cumulative injury to her hands, fingers, and skin alleging her employment aggravated her pre-existing eczema. Dermatology QME Dr. Stuart Shear issued multiple reports and deposition testimony that were internally inconsistent—initially assigning 0% WPI without addressing work causation, then 5% WPI describing a cumulative injury, and repeatedly admitting at deposition that he could not determine whether the recurrence of symptoms was caused by work exposure or by ordinary activities of daily living such as washing hands at home. The WCJ found no AOE/COE injury based on Dr. Shear's reporting. The WCAB granted reconsideration, holding that Dr. Shear's inconsistent and confused reporting did not constitute substantial evidence. The Board rescinded the F&O and remanded for development of the record through an AME, a new QME panel, or appointment of a regular physician.

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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