WCPanelIQ
PanelQMEMed-legalLienGranted in Part

Merkerson, Callie

CALLIE MERKERSON, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, LEGALLY UNINSURED, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ12405860
Decision date
May 5, 2025
District office
Oakland
WCJ
Thomas J. Russell, Jr.
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: right shoulder, left shoulder, bilateral shoulders, bilateral wrists, bilateral carpal tunnel syndrome, bilateral hands, neck, low back, psyche

LC §4658LC §4650LC §4850LC §5705LC §3202.5LC §5705LC §5900LC §5909LC §5952CCR §10517CCR §10517CCR §10961CCR §10964

Summary

Callie Merkerson, a former CDCR corrections officer at San Quentin, and her self-insured employer (administered by State Compensation Insurance Fund) both sought reconsideration of a joint Findings & Awards across three claims: a 1/9/2008 specific right shoulder injury (ADJ12405860), a denied cumulative trauma claim through 1/15/2010 (ADJ7255430), and a 1/15/2010 specific injury to bilateral shoulders, wrists/carpal tunnel, and psyche (ADJ7241349). Applicant's pro per petition alleged fraud, underpayment of TTD/IDL/PD, denial of Labor Code 4850 benefits, and rating errors but lacked record citations. Defendant conceded clerical/typographic errors and disputed the bilateral wrist/carpal tunnel injury finding and the timing of the 4658(d) PD bump-up. The Board denied applicant's petition, granted defendant's petition only to correct clerical errors and clarify that the increased PD rate applies after 60 days following P&S status, rescinded the F&A, and restated it with amendments. The Board upheld the finding of bilateral wrist injury based on former AME Dr. Murphy's reporting, which was the only medical-legal evidence addressing those body parts.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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