Washington, Cassandra

Cassandra Washington, a licensed vocational nurse for the County of Los Angeles, had three pending claims for various injuries across different dates of injury. The WCJ's January 25, 2021 F&A excluded the reporting of QME pain management physician Dr. Miller on the basis that it was obtained without a proper objection to a treating physician report under sections 4061 or 4062, and found no industrial psychiatric injury, hypertension, sleep dysfunction, or temporary disability. On reconsideration, the Board agreed with the WCJ's Report that Dr. Miller's report was actually obtained under section 4060 to address a compensability dispute (the October 12, 2003 claim having been denied as of April 6, 2007 and not admitted at the time of the July 14, 2014 evaluation), making it admissible. The Board also concluded the psychiatric reporting (Drs. Procci and Bassett) was not substantial evidence due to lack of objective testing, triggering a duty to develop the record. The Board rescinded the F&A and remanded to the trial level for development of the record and further proceedings, noting a death certificate for applicant had been filed and encouraging amicable resolution.