WCPanelIQ
PanelQMEMed-legalGranted in Part

Diana Barrett — ADJ12451507

DIANA BARRETT, Applicant vs. CITY OF YUBA CITY, permissibly self-insured, adjusted by YORK RISK SERVICES GROUP, INC., Defendants

ADJ number
ADJ12451507
Decision date
May 24, 2021
District office
Redding
WCJ
—
Claim administrator
York Risk Services Group, Inc. (for permissibly self-insured City of Yuba City)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: psyche, hypertension, gastrointestinal system

LC §3208.3LC §4062.3LC §5708LC §5900LC §5903LC §5904LC §5952CCR §35CCR §41CCR §10507CCR §10508CCR §10600CCR §10605CCR §10843CCR §10955

Summary

Applicant Diana Barrett, an animal services manager for City of Yuba City, claimed psyche, hypertension, and gastrointestinal injuries; the claim was denied in its entirety. The original psychological QME, Dr. Helayna Taylor, retired and was replaced by Dr. Robert Poston. The parties disputed what documents could be sent to the new QME and the content of defendant's advocacy/cover letter. The WCJ ruled that Dr. Taylor's prior report could not be sent to Dr. Poston and that defendant's letter could not discuss arguments or positions of one side. The Appeals Board granted reconsideration and amended the F&O to permit the prior QME report to be provided to the current QME and to allow defendant to disclose certain reasons for the claim's denial (lack of medical evidence and the good faith personnel action defense) but not the post-termination defense or further contested factual detail.

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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