Home/Case Law/JAMES MARINELLI vs. CITY OF PACIFICA NORTH COUNTY FIRE AUTHORITY
Regular DecisionReconsideration

JAMES MARINELLI vs. CITY OF PACIFICA NORTH COUNTY FIRE AUTHORITY

Filed: Oct 12, 2018
San Francisco
ADJ11201712

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a prior decision. The prior decision found the applicant was temporarily totally disabled from June 15, 2017, to November 9, 2017, and that he became permanent and stationary on November 9, 2017. The applicant argued that the primary treating physician's reports were not substantial evidence, but the Board found the reports from Dr. Nolan and Dr. Shaw also lacked substantiality due to inconsistencies and omissions. Furthermore, the applicant failed to properly follow dispute resolution procedures by unilaterally designating a new treating physician instead of utilizing the QME process.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a prior decision. The prior decision found the applicant was temporarily totally disabled from June 15, 2017, to November 9, 2017, and that he became permanent and stationary on November 9, 2017. The applicant argued that the primary treating physician's reports were not substantial evidence, but the Board found the reports from Dr. Nolan and Dr. Shaw also lacked substantiality due to inconsistencies and omissions. Furthermore, the applicant failed to properly follow dispute resolution procedures by unilaterally designating a new treating physician instead of utilizing the QME process.

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JAMES MARINELLI vs. CITY OF PACIFICA NORTH COUNTY FIRE AUTHORITY (2018) – San Francisco | CompFox