FREE DOWNLOAD: Emily Clausen v. Inamed Corp. (Calif. WCAB panel decision) (100 Percent Fibromyalgia)

FREE DOWNLOAD: Emily Clausen v. Inamed Corp. (Calif. WCAB panel decision) (100 Percent Fibromyalgia)

Permanent Disability—Apportionment—WCAB upheld WCJ's findings that applicant/inspector's cumulative injuries to neck, bilateral knees and shoulders, left foot and ankle, and in form of fibromyalgia during period 10/17/98 to 1/4/2000, and from 7/1/2001 to 7/2/2002, caused 100 percent permanent disability with apportionment of permanent disability for orthopedic injuries but not for fibromyalgia, that applicant's fibromyalgia alone rendered applicant totally permanently disabled, and that opinion of applicant's qualified medical evaluator in rheumatology that applicant's fibromyalgia was triggered by her total knee replacement and was not apportionable constituted substantial evidence,  notwithstanding agreed medical evaluator's finding that applicant's knee disability was apportionable; WCAB disagreed with defendant's contention that, since fibromyalgia was triggered by right knee replacement, apportionment of fibromyalgia should mirror apportionment for right knee disability, when there was no evidence to show that apportionment of fibromyalgia should be same as apportionment of right knee disability, qualified medical evaluator opined that applicant's fibromyalgia affected parts of applicant's body other than her right knee and could not be apportioned according to right knee disability, and qualified medical evaluator's finding that fibromyalgia was caused entirely by applicant's treatment for right knee injury rendered effects of knee replacement surgery, including any resulting permanent disability, a compensable consequence injury.

Discovery—Due Process—WCAB held that defendant's due process rights were not violated by WCJ's denial of defendant's request to obtain supplemental report from defense qualified medical evaluator in rheumatology regarding applicant/inspector's cumulative injuries to neck, bilateral knees and shoulders, left foot and ankle, and form of fibromyalgia during period 10/17/98 to 1/4/2000, and from 7/1/2001 to 7/2/2002, in rebuttal to opinion of applicant's qualified medical evaluator that applicant's fibromyalgia alone rendered applicant permanently totally disabled without basis for apportionment, when WCJ allowed defendant three months from issuance of applicant's qualified medical evaluator's report to obtain a rebuttal but defendant failed to do so.

Attachment: http://www.lexisnexis.com/documents/pdf/20090908083824_large.pdf