Angelique Larson, vs. Walgreens, Permissibly Self-insured, Adjusted By Sedgwick Cms,

In this case, Angelique Larson was awarded medical treatment for her neck and TMJ-dental injuries sustained while employed as a retail clerk on June 10, 2005. The defendant, Walgreens, Permissibly Self-Insured, adjusted by Sedgwick CMS, sought reconsideration of the award, arguing that the administrative law judge exceeded her authority and denied due process by not allowing an additional deposition of the panel QME, Dr. Tacheff. The Workers' Compensation Appeals Board denied the petition for reconsideration, finding that the existing record was sufficient to determine the issues before the judge and that the opinion of Dr. Tacheff constituted substantial medical evidence.

WALGREENS, Permissibly Self-Insured, adjusted by SEDGWICK CMS, ANGELIQUE LARSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANGELIQUE LARSON, Applicant,vs.WALGREENS, Permissibly Self-Insured,adjusted by SEDGWICK CMS, Defendant(s).Case No. ADJ4198635 (STK 0201218)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of the Findings of Fact, Award, and Order, filed and served on June 2, 2009, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a retail clerk on June 10, 2005, sustained industrial injury to her neck and “TMJ-dental (teeth),” causing need for future medical care, “including but not limited to TMJ/dental care as recommended by the panel QME Dr. Tascheff [sic].”            Defendant contends the WCJ exceeded her authority and denied defendant due process by not allowing an additional deposition of Dr. Tacheff, and that Dr. Tacheff’s opinion does not constitute substantial medical evidence.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied.            For the reasons discussed below, we will deny defendant’s petition for reconsideration.BACKGROUND            The parties stipulated that applicant sustained industrial injury to her neck and claims to have sustained injury to the TMJ-dental and psyche. Upon applicant’s filing of a Declaration of Readiness to Proceed, expedited hearing was held on April 30, 2009, on the sole issue of “Need for , further medical treatment pursuant to the panel QME report of John Tacheff, D.D.S.” The medical evidence admitted consisted of three reports by Dr. John P. Tacheff, reports by Dr. Joseph L. Izzo, M.D., Dr. Robert A. Rose, M.D., and Dr. Mayer Schames, D.D.S., and the transcript of Dr.Tacheff’s

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