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PanelQMEMed-legalDenied

Teresa Schul — ADJ2385867, ADJ7741846

TERESA SCHUL, Applicant vs. RIVERSIDE UNIFIED SCHOOL DISTRICT, PERMISSIBLY SELF-INSURED; Administered by SEDGWICK CMS, Defendants

ADJ number: ADJ2385867, ADJ7741846
Decision date: Jul 8, 2021
District office: Riverside
WCJ: David Thorne
Claim administrator: Sedgwick CMS
Commissioners: —

Injury / body parts: right shoulder, left shoulder, back, lumbar spine, cervical spine, both wrists, right elbow, left knee, psyche

LC §4628CCR §10606

Summary

Applicant Teresa Schul sustained an admitted industrial injury on 1/13/2011 (and an earlier 2007 right shoulder injury) while working as a cafeteria worker for Riverside Unified School District. The disputed issue was whether her cervical spine condition was industrially related, with applicant arguing the treating physician Dr. Max Matos' opinion should be followed over QME Dr. Lee Silver's opinion that the neck condition was nonindustrial. The WCJ found Dr. Silver's reports more persuasive, relying on records showing the applicant had neck and right shoulder complaints from hanging Christmas lights in December 2010—before the January 2011 fall—and finding the applicant an unreliable witness regarding her medical history. The WCAB adopted the WCJ's report and denied reconsideration, citing the principle that the relevant opinion of one physician may constitute substantial evidence even if inconsistent with other medical opinions.

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.