CATHERINE SHEPARD (Widow), Applicant vs. COUNTY OF LOS ANGELES, permissibly self-insured, administered by SEDGWICK CMS, INC., Defendants
ADJ number
ADJ12011890
Decision date
Jun 9, 2021
District office
Van Nuys
WCJ
David L. Pollak
Claim administrator
Sedgwick CMS, Inc. (administering for County of Los Angeles, permissibly self-insured)
Commissioners
—
Injury / body parts: low back, lumbar spine, right hip, right knee, death
LC §5907LC §3600LC §3823
Summary
Michael Shepard, a firefighter with the County of Los Angeles, sustained an admitted industrial injury to his low back, right hip, and right knee on July 16, 2018. On January 23, 2019, he died in a motor vehicle accident while returning home from a chiropractic/physical therapy appointment at Valencia Sports Medicine and Rehabilitation. The WCJ found the fatal accident was a compensable consequence of the industrial injury and awarded the widow death benefits and burial expenses. Defendant petitioned for reconsideration, arguing the billing codes for the January 23, 2019 visit reflected only cervical and thoracic treatment (non-industrial), but the WCJ relied on Dr. Browne's report showing lumbar treatment and the credible testimony of Carol Moore regarding self-procurement practices. The WCAB denied reconsideration, adopting the WCJ's report and giving great weight to the WCJ's credibility determinations.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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