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PanelQMEMed-legalLienDenied

Tracy Lee — ADJ7643460

TRACY LEE, Applicant vs. XCHANGING; GRANITE STATE INSURANCE COMPANY, Defendants

ADJ number: ADJ7643460
Decision date: Jul 25, 2021
District office: Sacramento
WCJ: —
Claim administrator: Granite State Insurance Company
Commissioners: —

Injury / body parts: neck/cervical spine, left shoulder, left upper extremity, right shoulder, right upper extremity, right knee, right hip, psyche, fibromyalgia (CRPS/chronic pain)

LC §4664LC §4662LC §4600LC §4621LC §5814LC §4650LC §4553LC §132aLC §5502

Summary

Applicant Tracy Lee suffered industrial injuries while employed by Xchanging, with multiple body parts and a psychiatric injury at issue, and had a wide range of conflicting medical evidence on permanent disability. The WCJ found 84% permanent disability by adopting the DEU rating but removing a duplicative 65% CRPS factor from Dr. Hay that double-counted disability to the same body regions already rated. The Board denied reconsideration, adopting the WCJ's Opinion on Decision, rejecting defendant's argument that the prior 84% award should be subtracted under Labor Code section 4664(b), and finding new issues (ex parte communication and vocational rehabilitation) waived because they were not raised at trial. The Board also upheld a section 5814 penalty for a delayed temporary disability payment and declined to disturb the EDD lien stipulation. Reconsideration was denied.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.