ALAN NEWELL, Applicant vs. METROPOLITAN WATER DISTRICT, Permissibly Self-Insured, Defendant
ADJ number
ADJ11055389
Decision date
Apr 6, 2025
District office
San Bernardino
WCJ
—
Claim administrator
Metropolitan Water District (Permissibly Self-Insured)
Commissioners
—
Injury / body parts: back, left shoulder, bilateral shoulders, bilateral wrists, bilateral knees, neck
LC §4663LC §5909LC §5900CCR §10600
Summary
Applicant Alan Newell sustained a specific injury (back and left shoulder) and a cumulative trauma injury (bilateral shoulders, wrists, knees, back, neck) while employed by the permissibly self-insured Metropolitan Water District. AME orthopedist Dr. Hasday opined that the low back/lower extremity impairments and the neck/upper extremity impairments should each be combined using the CVC, but the two groups should be added rather than combined, based on a lack of overlapping ADL impacts. The WCJ rejected this rebuttal and instead combined all impairments using the Combined Values Chart, finding Dr. Hasday did not adequately explain the ADL impacts. The Board granted reconsideration and amended the decision to defer permanent disability and apportionment pending further development of the record, noting that Dr. Hasday's reports predated the en banc Vigil v. County of Kern decision establishing the contours of a proper CVC rebuttal.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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.