WCPanelIQ
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Ukbamichael, Ghenet

GHENET UKBAMICHAEL, Applicant vs. ST. JOHN’S WELL CHILD & FAMILY CENTER, permissibly self-insured; administered by ATHENS ADMINISTRATORS, Defendants

ADJ number
ADJ11027585
Decision date
May 27, 2024
District office
Los Angeles
WCJ
Elisha Landman
Claim administrator
Athens Administrators (for St. John's Well Child & Family Center, Permissibly Self-Insured)
Commissioners
—

Injury / body parts: lumbar spine, sacroiliac, cervical spine, psyche, internal - hypertension, upper GI, lower GI, left upper extremity

LC §3202.5LC §3208.3LC §4660.1LC §4662LC §5701LC §5705LC §5813LC §5900LC §5906CCR §10955

Summary

Applicant Ghenet Ukbamichael, a physician's assistant, sustained two industrial injuries (October 14, 2015 and December 31, 2015) involving the lumbar spine, cervical spine, psyche, and internal conditions. The WCJ issued a Joint F&A finding 43% permanent disability, denying psychiatric permanent disability under Labor Code section 4660.1(c), and finding applicant not precluded from competing in the open labor market. Applicant sought reconsideration, arguing the psychiatric injury was catastrophic under section 4660.1(c)(2)(B), and challenged apportionment and the open-labor-market finding. The Appeals Board granted reconsideration, finding the WCJ failed to analyze the catastrophic-injury factors set forth in Wilson v. State Cal Fire. The Board rescinded the F&A, substituted new Findings of Fact deferring the permanent disability and attorney fee issues, and remanded for further development of the record on whether the injury was catastrophic.

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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