WCPanelIQ
PanelQMEMed-legalLienDenied

Velma Lankster — ADJ9190713, ADJ9190711, ADJ9268621, ADJ9190712, ADJ8653057, ADJ8839489, ADJ8857012, ADJ8214086, ADJ9362723, ADJ9190714, ADJ842531, ADJ8650664

VELMA LANKSTER, Applicant vs. COMPTON UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by KEENAN & ASSOCIATES, Defendants

ADJ number
ADJ9190713, ADJ9190711, ADJ9268621, ADJ9190712, ADJ8653057, ADJ8839489, ADJ8857012, ADJ8214086, ADJ9362723, ADJ9190714, ADJ842531, ADJ8650664
Decision date
May 14, 2023
District office
Anaheim
WCJ
Nancy M. Gordon
Claim administrator
Keenan & Associates
Commissioners
—

Injury / body parts: left thigh, left hand, upper extremities, shoulders, hypertension, circulatory system, heart, head, gastrointestinal, respiratory system, hearing, neck, kidney, lower extremities, cardiovascular, back, groin, left knee, right knee, left hip, left ankle, nose, ears, throat, eyes, lungs, chest

CCR §10964CCR §10945CCR §10940

Summary

Applicant Velma Lankster, a former physical education teacher, filed numerous injury claims against Compton Unified School District (PSI, administered by Keenan & Associates), but only her February 9, 2012 left thigh injury was accepted; all other claimed body parts and dates of injury were denied. After trial, the WCJ found injury AOE/COE only to the left thigh and no industrial injury for the remaining claims, relying on the QME reporting of Dr. Jose (Hose) Kim (orthopedic) and Dr. Jeffrey Hirsch (internal medicine). Applicant petitioned for reconsideration, arguing the decision was based on procedural grounds and that the WCJ should have continued the matter to further explore Dr. Kim's allegedly 'cavalier' treatment. The Board affirmed the F&O, finding the WCJ properly decided the merits and that Dr. Kim's reports constituted substantial medical evidence, while correcting a clerical error to reflect that the left thigh injury resulted in 6% (not 2%) permanent disability warranting 18 weeks of indemnity. The Board also rejected an improperly filed supplemental petition under Rule 10964 and warned counsel that disrespectful argument could be sanctionable.

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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