Applicant Demesio Camacho, a horse exerciser/rider, sustained an admitted industrial injury on December 1, 2015 when a racehorse fell on top of him, injuring his right shoulder, head, back, and ribs, with alleged psyche/cognitive injuries. The WCJ found 38% orthopedic permanent disability without apportionment based on the PTP Dr. Mirza's report while deferring AOE/COE for the psyche/cognitive injury, yet still entered a PD award. Defendant filed a combined Petition for Reconsideration and Removal, arguing the deferral caused prejudice and that the PQME opinions of Drs. Campbell and Butler should control over the PTP. The Board rescinded the WCJ's decision and substituted a new Findings and Award affirming the 38% PD finding and the AOE/COE deferral, but additionally deferring the award of permanent disability and attorney fees (and any PD attributable to the head and psyche) until AOE/COE is resolved. The Board agreed Dr. Mirza's report constituted substantial medical evidence and denied removal because defendant failed to show substantial prejudice or irreparable harm.
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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