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PanelGranted

Tofanelli, Steven

STEVEN TOFANELLI, Applicant vs. SECURITY CONTRACTOR SERVICES INC.; TRAVELERS SACRAMENTO, Defendants

ADJ number: ADJ12511510
Decision date: May 1, 2025
District office: Sacramento
WCJ: —
Claim administrator: Travelers (Sacramento)
Commissioners: JOSE H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: right ear, left ear, hearing loss

LC §5909LC §5900LC §5950LC §5903LC §5952LC §5705LC §5907LC §5908LC §5908.5LC §5803LC §5901

Summary

Applicant Steven Tofanelli, a panel installer, sustained injury to his right ear (and claimed left ear injury) from a June 21, 2019 head injury. The WCJ awarded 43% permanent disability without apportionment, rejecting the opinion of Dr. Ronald Ward, who had apportioned 98% of the hearing loss to non-industrial congenital factors and 2% to the industrial injury. Defendant sought reconsideration, arguing Dr. Ward's opinion constituted substantial medical evidence. The Appeals Board granted reconsideration and deferred a final decision, finding it unclear on preliminary review whether substantial medical evidence supported the WCJ's decision without further development of the record. The Board also confirmed the timeliness of its action under amended Labor Code section 5909.

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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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.