ABHE & SVOBODA; ZURICH NORTH AMERICA, MATTHEW T. MORAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMATTHEW T. MORAN, Applicant,vs.ABHE & SVOBODA; ZURICH NORTH RECONSIDERATIONAMERICA, Defendant(s).Case No. ADJ306310 (LBO 0383928)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award and Order of November 6, 2008, in which the workers’ compensation judge (WCJ) found that applicant is entitled to further medical treatment in the form of arthroscopic surgery, as recommended by Dr. Steiger, and that defendant must provide applicant with temporary total disability benefits from July 29, 2008 to the present and continuing. In making these findings, the WCJ excluded from evidence the October 23, 2008 medical report of Dr. Smalley. Defendant contends, in substance, that the WCJ erred in re-trying issues that had already been finally decided by the WCJ’s decision of April 8, 2008, that the WCJ erred in relying on State Comp. Ins. Fund v. Workers’ Comp. Appeals Bd. (Sandhagen) (2008) 44 Cal. 4th 230 [73 Cal. Comp. Cases 981] to exclude the panel QME report of Dr. Smalley, that the WCJ erred in excluding Dr. Smalley’s supplemental report of October 23, 2008, that the Appeals Board should admit the supplemental report by virtue of its duty to develop the record, that Labor Code section 4062 precludes the parties from obtaining medical evaluations subsequent to a panel QME, and that the medical reports of the treating physician, Dr. Steiger, are not substantial evidence. Applicant filed an answer. We adopt and incorporate the “Introduction” and the “Facts” sections of the WCJ’s Report, which describes the relevant factual and procedural chronology. We do not adopt or incorporate , the remainder of the Report. Based on our review of the record, we conclude that the WCJ erred in excluding the October 23, 2008 medical report of the panel QME, Dr.
Matthew T. Moran, vs. Abhe & Svoboda; Zurich North America,
(LBO 0383928) is a case in which the defendant, ABHE & SVOBODA; ZURICH NORTH AMERICA, sought reconsideration of the Findings and Award and Order of November 6, 2008, in which the workers' compensation judge (WCJ) found that the applicant, MATTHEW T. MORAN, was entitled to further medical treatment in the form of arthroscopic surgery, as recommended by Dr. Steiger, and that the defendant must provide the applicant with temporary total disability benefits from July 29, 2008 to the present and continuing. The WCJ erred in excluding the October 23, 2008 medical report of the panel QME, Dr. Smalley, and the Appeals Board
- Filed On:
- Court: California, Long Beach
- Case No. ADJ306310
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