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Gabriel Thurman — ADJ10131609

GABRIEL THURMAN, Applicant vs. LESLIE'S POOLMART, INCORPORATED; ZURICH INSURANCE COMPANY, Defendants

ADJ number
ADJ10131609
Decision date
Mar 11, 2021
District office
Van Nuys
WCJ
—
Claim administrator
Zurich Insurance Company
Commissioners
DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: cervical spine, thoracic spine, shoulders, right elbow, coccyx, DVT/vascular, sleep, head, brain, seizure, psyche, lower extremities

LC §4859LC §4660.1LC §4660LC §4662

Summary

Applicant Gabriel Thurman, a store manager, sustained an admitted industrial injury on June 5, 2015 when struck by a heavy chlorine barrel, with stipulated injuries to the cervical spine, thoracic spine, shoulders, right elbow, coccyx, DVT/vascular, and sleep, plus claimed head, brain, seizure, psyche, and lower extremity injuries. The WCJ found 100% permanent total disability. Defendant sought reconsideration, arguing the medical and vocational evidence was not substantial because AME neurologist Dr. Richman initially based impairment findings on a posttraumatic head syndrome that contemporaneous emergency room records (showing applicant denied a head injury and no loss of consciousness) contradicted. The Board granted reconsideration, finding Dr. Richman's reporting was no longer substantial evidence after he removed only the 10% WPI head syndrome rating without explaining the industrial cause of the related sequelae (anxiety, depression, headaches, lightheadedness). The Board rescinded the Findings and Award and remanded for further development of the record, including an additional psychiatric evaluation of applicant's syncope and anxiety.

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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