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Tori Blevins — ADJ9316587

TORI BLEVINS, Applicant vs. ELIZABETH TILLEY; STATE FARM INSURANCE COMPANY; administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ9316587
Decision date
Jul 5, 2021
District office
San Luis Obispo
WCJ
John E. Durr
Claim administrator
Sedgwick Claims Management Services (administering for State Farm Insurance Company)
Commissioners
—

Injury / body parts: lumbar spine, thoracic spine, left knee

LC §5310CCR §10843

Summary

Tori Blevins, a caregiver, sustained an admitted industrial injury to her lumbar spine on April 12, 2013, with additional disputed claims to the thoracic spine and left knee. After trial, the WCJ found industrial injury AOE/COE to the lumbar spine (admitted), left knee, and thoracic spine, relying on the treating physician Dr. Moelleken's reporting and applicant's credible testimony over the panel QME's more limited report. Defendant State Farm petitioned for reconsideration only as to the thoracic spine finding, and separately challenged an order to develop the record. The Board adopted the WCJ's report, gave great weight to the WCJ's credibility determinations under Garza, and noted under Place that one physician's opinion may constitute substantial evidence even if inconsistent with others. Reconsideration was denied; the challenge to the develop-the-record order was deemed procedurally improper as it should have been raised by Petition for Removal.

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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