WCPanelIQ
PanelQMEMed-legalDenied

Jayasuriya, Sumudu

SUMUDU JAYASURIYA, Applicant vs. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT (PSI) adjusted by ATHENS ADMINISTRATORS, Defendants

ADJ number
ADJ9770624
Decision date
Jun 8, 2025
District office
Oakland
WCJ
—
Claim administrator
Athens Administrators (for permissibly self-insured San Francisco Bay Area Rapid Transit District)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: low back

LC §5909LC §5900CCR §10964

Summary

Applicant, proceeding in pro per, sought reconsideration of a March 7, 2025 Findings and Award finding a 16% permanent disability (inclusive of prior awards) for an October 13, 2014 low back injury sustained while employed as a train control electronic technician. The WCJ granted applicant's petition to reopen for new and further disability and relied on the QME, Dr. Jeffrey Holmes, who assessed 11% WPI after applicant reached MMI, reduced from a prior pre-MMI assessment of 13%. Applicant argued that Dr. Holmes's reporting was not substantial medical evidence, that the WCJ improperly failed to consider his post-trial briefs, and that defense counsel engaged in misconduct. The Board found Dr. Holmes's reporting constituted substantial medical evidence because it was based on adequate examination and history, properly used the DRE method, and credibly explained the WPI reduction upon reaching MMI. The Board found no due process violation in declining to consider applicant's unauthorized post-trial briefs and no basis for the misconduct claim. The Petition for Reconsideration was denied.

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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