WCPanelIQ
PanelQMEMed-legalGranted in Part

Ramirez, Aurelio

AURELIO RAMIREZ, Applicant vs. PARKHOUSE TIRES, INC.; TRAVELERS PROPERTY CASUALTY OF AMERICA, Defendants

ADJ number
ADJ10594852
Decision date
Apr 13, 2025
District office
Bakersfield
WCJ
—
Claim administrator
Travelers Property Casualty of America
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: right index finger, right middle finger, back, hernia

LC §112LC §115LC §5301LC §5315LC §5701LC §5702LC §5901LC §5906LC §5908LC §5908.5LC §5909LC §5911LC §5950LC §5951LC §5952LC §5953LC §4650LC §4657LC §4709CCR §10320CCR §10330

Summary

Applicant Aurelio Ramirez, a tire technician, had three consolidated claims involving a right index finger injury (ADJ10594852), a back injury (ADJ10882630), and a hernia (ADJ10882589). The WCJ awarded combined permanent disability of 47% in ADJ10594852 by improperly combining QME Dr. Harris's 38% finger rating with QME Dr. Fisher's 15% back rating (which belonged to the separate back claim ADJ10882630), and granted defendant a TD overpayment credit. On reconsideration, the Board affirmed that Dr. Harris's reporting on the finger injury and grip loss constituted substantial medical evidence, but rescinded the F&A because the WCJ erroneously combined ratings across two separate injury claims contrary to the parties' stipulations and erroneously awarded a cross-claim credit. The Board substituted findings of 38% PD for the finger in ADJ10594852, 15% PD for the back in ADJ10882630, denied the TD overpayment credit, deferred attorney's fees, and returned the matter to the trial level.

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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