Fear Not Law Articles: Hess v. WCAB (Dept. of Social Services)

Hess v. WCAB (Dept. of Social Services)

Filed 9/15/06 Hess v. WCAB (Dept. of Social Services) CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

MICHELLE HESS,

Petitioner,

WORKERS' COMPENSATION APPEALS BOARD, DEPARTMENT OF SOCIAL SERVICES, IHSS et al.,

Respondents.

F049641

(WCAB No. STK 0171019)

OPINION

THE COURT*

ORIGINAL PROCEEDINGS; petition for writ of review from a decision of the Workers' Compensation Appeals Board. Frank M. Brass, William K. O'Brien, and James C. Cuneo, Commissioners. Alvin R. Webber, Workers' Compensation Administrative Law Judge.

Law Office of Raymond M. Wyatt, and Raymond M. Wyatt, for Petitioner.

No appearance by Respondent Workers' Compensation Appeals Board.

Alan R. Canfield and Cynthia Chin-Perez, for Respondents Department of Social Services, IHSS and State Compensation Insurance Fund.

-ooOoo-

Michelle Hess (Hess) petitions this court for a writ of review to determine the lawfulness of a decision of the Workers' Compensation Appeals Board (WCAB) denying her claim for benefits based on insufficient evidence of an industrial injury. (Lab. Code,[1] § 5950; Cal. Rules of Court, rule 57.) We will deny the petition.

BACKGROUND

On February 25, 1999, Hess injured her neck while employed as a home support worker in Sonora for the California Department of Social Services, In-Home Supportive Services (IHSS). Hess's primary treating physician, Barbara Bammann, M.D., diagnosed her condition as incomplete quadriparesis--a partial paralysis in her left leg caused by a damaged lesion in the spinal column. Hess underwent two surgeries in 1999 with limited success.

Orthopedic and hand surgeon George G. Glancz, M.D., conducted a qualified medical evaluation (QME) of Hess for IHSS in July 2003, while neurological surgeon Robert Lieberson, M.D., conducted a QME on her behalf in June 2004. Both evaluators reviewed Hess various medical records as well as sub rosa video taken of her physical activities in February and May 2003.

After reviewing the video surveillance, Dr. Glancz reported his â€

Description	Petitioner petitions this court for a writ of review to determine the lawfulness of a decision of the Workers' Compensation Appeals Board (WCAB) denying her claim for benefits based on insufficient evidence of an industrial injury. Petitioner claims that the evidence was not properly evaluated because the physicians had opposing medical opinions and unreasonable inferences were made by the Respondent. The court states that a relevant and considered opinion of one physician, though inconsistent, may constitute substantial evidence. Court denies the petition.
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