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 The Board rescinded the Findings and Award and remanded for further development of the record, including an additional psychiatric evaluation of applicant's syncope and anxiety.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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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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