WCPanelIQ
PanelQMEMed-legalDenied

Arey, William

WILLIAM AREY, Applicant vs. MAGIC MOUNTAIN, LLC; HARTFORD ACCIDENT AND INDEMNITY COMPANY, administered by BROADSPIRE, Defendants

ADJ number
ADJ10266237
Decision date
Apr 21, 2025
District office
Van Nuys
WCJ
—
Claim administrator
Broadspire (administering for Hartford Accident and Indemnity Company)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: brain, head, nervous system, circulatory system

LC §4062.3LC §3202.5LC §5705LC §4060LC §4628LC §5952LC §5909LC §5900CCR §10600CCR §10682

Summary

Applicant William Arey, a ride mechanic, claimed a specific injury to his brain and head on September 10, 2015, when he tripped and fell face-first onto concrete, and a cumulative injury from 2005 to 2015 to his head, nervous system, and circulatory system. AME neurologist Dr. Bertoldi causally connected applicant's intracranial hemorrhage and subdural hematoma to the work fall. Defendant Hartford sought reconsideration of the WCJ's April 22, 2025 F&O, challenging both the substantiality of Dr. Bertoldi's reporting and the participation of applicant's sister at the AME evaluation as alleged ex parte contact under Labor Code section 4062.3(g). The WCAB found Dr. Bertoldi's reporting constituted substantial medical evidence and that the sister's participation, given applicant's significantly impaired memory and recall, was necessary and permissible communication on applicant's behalf rather than prohibited ex parte contact. The Board denied reconsideration.

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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