WCPanelIQ
PanelQMEMed-legalRemanded

Umeck, Bruce

BRUCE UMECK, Applicant vs. BASF CORPORATION; ACE AMERICAN INSURANCE COMPANY, administered by ESIS, Defendants

ADJ number
ADJ10543015
Decision date
Jun 5, 2025
District office
Van Nuys
WCJ
—
Claim administrator
ESIS (administering for ACE American Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: right knee, left knee

LC §3LC §4660LC §4660.1LC §4663LC §5313LC §5705LC §5903LC §5952

Summary

Applicant Bruce Umeck sustained an industrial injury to his right knee and claimed a compensable consequence injury to his left knee while employed as a senior sales representative. The WCJ found 64% permanent partial disability after apportionment, adding (rather than combining via the CVC) the impairments of both knees based on the Kite decision, and awarded temporary disability beyond the QME's 2017 permanent and stationary date. The Appeals Board, on reconsideration, found that QME Dr. Segil's opinions were conclusory and not substantial evidence on three key issues: rebuttal of the Combined Values Chart, apportionment, and the existence of temporary disability beyond September 12, 2017. Citing Vigil v. County of Kern, the Board held the QME failed to provide reasoned analysis justifying CVC rebuttal and failed to explain his apportionment to non-industrial degeneration and a 2016 fall. The Board rescinded the March 11, 2021 F&A and returned the matter to the trial level for further proceedings.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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