ADJ10775002 — California WCAB decision

What the panel ordered

Decision of November 23, 2020 affirmed except amended to correct benefit rate and remanded for further development on TTD period

Petition for Reconsideration granted to correct benefit rate and develop record on temporary total disability period

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What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Temporary disabilityRemanded

The record on the exact period of TTD was found insufficient and the matter was remanded for further development to determine the precise dates of TTD.

From the decision · page 3Defendant, the LOS ANGELES COUNTY HIGH DESERT HOS PIT AL, by and its attorneys of record, has filed a timely Petition for Reconsideration challenging the Findings and Order of 23 November 2020. In it defendant argues two point: That the undersigned used the wrong benefit rate and that insufficient evidence exists to support the period of temporary total disability (TTD) awarded.

The facts that decided it

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The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code

Labor Code section 5701

Trial judge may appoint a regular physician only after steps including supplemental reports and deposition of the doctor are complete.

From the decision · page 4If, however, one or more of the parties is not satisfied with the decision, the trier of fact may develop the record. McDuffie vs. L.A.M.T.A.(en banc, 2002) 67 CCC 138. Such development must start with supplemental reports, followed by a deposition of the doctor, followed by the trial judge strongly urging an agreed medical evaluator (AME.) Only when all of these steps are complete may the trial judge appoint a regular physician under Labor Code section 5701. See Tyler vs. WCAB (1997) 56 Cal.App 4111 389; 62 CCC 924.

McDuffie vs. L.A.M.T.A. (en banc, 2002) 67 CCC 138

Record development must start with supplemental reports, deposition, and possibly an AME to clarify TTD periods.

From the decision · page 4If, however, one or more of the parties is not satisfied with the decision, the trier of fact may develop the record. McDuffie vs. L.A.M.T.A.(en banc, 2002) 67 CCC 138. Such development must start with supplemental reports, followed by a deposition of the doctor, followed by the trial judge strongly urging an agreed medical evaluator (AME.) Only when all of these steps are complete may the trial judge appoint a regular physician under Labor Code section 5701. See Tyler vs. WCAB (1997) 56 Cal.App 4111 389; 62 CCC 924.

Tyler vs. WCAB (1997) 56 Cal.App 4111 389; 62 CCC 924

Trial judge's authority to appoint a regular physician after other steps are exhausted.

From the decision · page 4If, however, one or more of the parties is not satisfied with the decision, the trier of fact may develop the record. McDuffie vs. L.A.M.T.A.(en banc, 2002) 67 CCC 138. Such development must start with supplemental reports, followed by a deposition of the doctor, followed by the trial judge strongly urging an agreed medical evaluator (AME.) Only when all of these steps are complete may the trial judge appoint a regular physician under Labor Code section 5701. See Tyler vs. WCAB (1997) 56 Cal.App 4111 389; 62 CCC 924.

ADJ10775002 · February 16, 2021

What the panel ordered

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