WCPanelIQ
PanelQMEMed-legalLienGranted in Part

Virula, Ingris

INGRIS VIRULA, Applicant vs. WING LEE FARM CORPORATION; REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ11418472
Decision date
Oct 27, 2024
District office
Van Nuys
WCJ
M. Victor Bushin
Claim administrator
Berkshire Hathaway Homestate Companies
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: right elbow, cervical spine, thoracic spine, lumbar spine, shoulders, elbows, wrists, hands, hips, knees

LC §5909LC §5900LC §5313LC §5815LC §4061.5LC §4605CCR §10961CCR §10600

Summary

Applicant Ingris Virula sustained a specific injury (right elbow) on December 7, 2017 and a cumulative trauma injury (cervical, thoracic, lumbar spine, shoulders, elbows, wrists, hands, hips, knees) over the period July 26, 2017 to July 26, 2018 while working as a warehouse worker for Wing Lee Farm Corporation. The WCJ relied on the reports of primary treating physician Khalid Ahmed, M.D., over the panel QME Sam Ahdab, M.D., and PQME Paul Bouz, M.D., finding 67% permanent disability after apportionment in the cumulative trauma case and no permanent disability in the specific injury case. Defendant sought reconsideration, arguing Dr. Ahmed's reports did not constitute substantial medical evidence and that it was entitled to an EDD credit for duplicate payments. The Board affirmed reliance on Dr. Ahmed as substantial medical evidence, but rescinded the F&Os to issue a joint decision, deferred the EDD lien/credit issue (which was raised at trial but never addressed), deferred the permanent and stationary date (because the August 20, 2018 date was clearly erroneous and conflicting reports existed), and clarified the PD finding as 67%. The matter was returned to the WCJ for further proceedings.

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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