Crumble, Mae v. Express Employment Services
Mae Crumble appealed a trial court's decision entitling her to a panel of orthopedic specialists after her employer, Express Employment Services, denied her claim based on an occupational medicine practitioner's opinion. The employer initially provided a panel including walk-in facilities and an occupational medicine practitioner, from which Crumble selected WorkCare, leading to an examination by Dr. Conrado Sioson. Dr. Sioson opined the injury was not work-related, leading the employer to deny the claim, but the trial court subsequently ordered an orthopedic panel, expressing doubts about the validity of the initial panel and Dr. Sioson's selection. The Appeals Board found the trial court did not definitively resolve key issues, such as whether a valid medical panel was provided or if Dr. Sioson was a properly selected treating physician whose causation opinion should be presumed correct and, if so, whether that presumption was rebutted. Consequently, the Appeals Board vacated the trial court's decision and remanded the case for a determination of these unresolved issues.