Jesse Peck Secures Noteworthy Victory in Decision on Reconsideration in Retroactive Temporary Total Disability Workers’ Compensation Case

Jesse Peck recently achieved an excellent result on a retro TTD issue for our client, Conifer Health Solutions (Tenet), via Reconsideration. In fact, the Decision on Reconsideration was designated as a “Noteworthy Panel Decision” in Danielle Manning, Applicant v. Conifer Health Solutions, PSI, administered by Sedgwick Claims Management Services, Defendants, 2021 Cal. Wrk. Comp. P.D. LEXIS 369, W.C.A.B. No. ADJ9607300—WCAB Panel: Commissioners Dodd, Snellings, Chair Zalewski.

At the time of the AOE/COE trial, the Court found that applicant sustained a psychiatric injury and threw out the very favorable psychiatric QME reports for alleged bias, and ordered the parties to secure a supplemental report from applicant’s psychologist…whom she had not yet selected as his PTP… to address the issues of TD, PD, treatment, etc. The psychologist’s resultant report found applicant TTD retroactively to 2014 and continuing. Jesse objected to this report has he was neither a PTP nor was he a Labor Code section 4605 physician. The Court used this reporting to find that applicant was due two years of TTD (and in fact that applicant remained TTD) worth $60k.

Jesse filed for recon, and the WCAB reversed the WCJ and remanded the matter for either the assignment of a replacement psychiatric QME Panel, assignment of an IME physician in psychiatry, or an AME. The Board’s decision was based upon its conclusion that the psychologist’s reports could not be considered substantial medical evidence as the “physician’s role” was “unclear” (applicant designated this physician her PTP but only after this physician provided his liberal opinions!)

The WCAB also diplomatically corrected the WCJ, noting that Recon was being granted because of the “irregularity of the proceedings & discovery.”  Jesse saved the client over $60,000 in retro TTD and this case was designated at being Noteworthy.

Way to go Jesse!

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