Paso Robles Tank, Incorporated.; Old Republic General Insurance Corporation; administered by Gallagher Bassett Services, Mary Vieira, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARY VIEIRA,Applicant,vs.PASO ROBLES TANK, IN CORPORATED.; OLD REPUBLIC GENERAL INSURANCE CORPORATION; administered by GALLAGHER BASSETT SERVICES,Defendants.Case No. ADJ9854290(Sacramento District Office)OPINION AND DECISION AFTER RECONSIDERATION On April 10, 2017, we granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the petition for reconsideration and to give notice of our intention to admit into the record the October 30, 2016 supplemental report by Dr. Lee Snook. There having been no objection filed to contest the admission of Dr. Snook’s supplemental report, the report is entered into the record. Having completed our review of the record in this matter, we now issue our Decision After Reconsideration. Defendant, Paso Robles Tank, by and through its insurer, Old Republic General Insurance Corporation, filed a Petition for Reconsideration from the Findings and Award, issued January 19, 2017, in which a workers’ compensation administrative law judge (WCJ) found applicant Mary Vieira, while employed as a laborer on June 26, 2012, sustained total permanent disability as a result of an admitted industrial injury to her right ankle, which subsequently developed into Complex Regional Pain Syndrome in her right lower extremity. Defendant contends the WCJ erred in finding applicant is totally permanently disabled as a consequence of her right ankle injury, arguing that the reporting of Dr. Snook, the Qualified Medical Evaluator, is not substantial evidence because he failed to review medical treatment records for applicant’s prior right ankle injury, and because applicant’s permanent disability rating should be based upon the DRE ratings in the AMA Guides. Defendant further contends t
Mary Vieira, vs. Paso Robles Tank, Incorporated.; Old Republic General Insurance Corporation; Administered By Gallagher Bassett Services,
In this case, Mary Vieira, an employee of Paso Robles Tank, Incorporated, sustained an industrial injury to her right ankle on June 26, 2012, which subsequently developed into Complex Regional Pain Syndrome in her right lower extremity. The Workers' Compensation Appeals Board affirmed the Findings and Award issued by the WCJ, which found that Mary Vieira was totally permanently disabled as a result of her injury. The Board found that the opinion of the Qualified Medical Evaluator, Dr. Snook, was substantial evidence, despite defendant's contention that he failed to review medical treatment records for applicant’s prior right ankle injury. The Board also found that Dr. Snook's diagnosis of CRPS was supported by his evaluation
- Filed On:
- Court: California, Sacramento
- Case No. ADJ9854290
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