WCPanelIQ
PanelQMEMed-legalGranted

Wilbur Holmes, Jr. — ADJ9507174

WILBUR HOLMES JR., Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, CENTINELA STATE PRISON, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ9507174
Decision date
Jul 18, 2021
District office
San Diego
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
DEIDRA E. LOWE, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: bilateral wrists, bilateral median nerve, bilateral ulnar nerve, right upper extremity

LC §3208.1LC §5412LC §5701LC §5903LC §5906LC §5952

Summary

Applicant Wilbur Holmes Jr., a correctional officer, claimed a June 26, 2013 bilateral wrist injury, and the WCJ awarded 83% unapportioned permanent partial disability based on QME Dr. Matan's reports. Defendant CDCR (legally uninsured, administered by SCIF) sought reconsideration, arguing Dr. Matan's reports were not substantial evidence on date of injury and PD, that the commutation start date was incorrect, and that a clerical error misidentified the applicant. The Board found Dr. Matan inconsistently characterized the injury—initially attributing it 100% to a specific ATV accident, later describing it as cumulative trauma over 20 years—without reconciling the contradiction. Because it could not determine whether the injury was specific, cumulative, or both, the Board held Dr. Matan's opinions did not constitute substantial evidence on this threshold issue. The Board granted reconsideration, rescinded the F&A, and remanded for further development of the record and correction of the commutation start date and clerical errors.

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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