WCPanelIQ
PanelQMEMed-legalGranted in Part

Schupp, David

DAVID SCHUPP, Applicant vs. MAGIC MOUNTAIN LLC dba SIX FLAGS MAGIC MOUNTAIN; PROPERTY AND CASUALTY INSURANCE COMPANY OF HARTFORD, administered by BROADSPIRE, Defendants

ADJ number
ADJ10963100
Decision date
Jul 7, 2025
District office
Van Nuys
WCJ
—
Claim administrator
Broadspire (administering for Property and Casualty Insurance Company of Hartford)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: right ankle, bilateral wrists, bilateral knees, foot, lower extremities, Achilles tendon, right distal tibia, high blood pressure, diabetes, chronic pain syndrome, carpal tunnel (bilateral), psyche

LC §4060LC §4061LC §4062LC §4062.2LC §4610LC §4610.5LC §5313LC §5900LC §5903LC §5904LC §5909LC §5952CCR §30CCR §31.7CCR §10600CCR §10955

Summary

Applicant sustained accepted injuries to his right ankle (ADJ10955805) and bilateral wrists/knees (ADJ10963100) while working as a painter/maintenance worker for Six Flags Magic Mountain. A dispute arose over the propriety of a pain management QME panel selection involving Dr. Guodong Li, including the timeliness and validity of applicant's March 4, 2024 objection, the failure to serve the original panel, and whether an AME (Dr. Woods) should have addressed the dispute. The WCJ's July 8, 2025 Joint Findings and Order found the panel properly obtained and Dr. Li's reporting admissible, but failed to address numerous submitted issues. The Appeals Board treated defendant's removal petition as a petition for reconsideration (because the decision resolved threshold issues), granted it under the removal standard, affirmed the findings on employment/injury/body parts, deferred all remaining issues, and returned the matter to the WCJ for further proceedings addressing the unresolved QME panel disputes.

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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