WCPanelIQ
PanelMed-legalDenied

Faustina, Steve

STEVE FAUSTINA, Applicant vs. COUNTY OF LOS ANGELES, PERSMISSIBLY SELF-INSURED, Defendants

ADJ number
ADJ10627978
Decision date
Jan 29, 2025
District office
Van Nuys
WCJ
Steven Carbone
Claim administrator
County of Los Angeles, Permissibly Self-Insured
Commissioners
—

Injury / body parts: respiratory system, eyes, left shoulder, right shoulder, upper extremities, myasthenia gravis, low back, knees, fibromyalgia

LC §3201.7LC §4660LC §4660.1LC §4662LC §4663

Summary

Applicant Steve Faustina, a Los Angeles County firefighter, was found by the WCJ to be permanently and totally disabled without apportionment across three consolidated claims, with disability driven primarily by industrially-related myasthenia gravis. The County, permissibly self-insured, sought reconsideration arguing the award failed to consider orthopedic apportionment by IME Dr. Hasday and that applicant's vocational reporting from Dr. Reyes was not substantial evidence. The WCAB affirmed the F&A, adopting the WCJ's Report. The Board held that although Dr. Reyes' use of 'vocational apportionment' was impermissible under Nunes, the finding of permanent total disability rested on the unapportioned medical opinions of neurology IME Dr. Richman and ophthalmology IME Dr. Recasens, neither of whom apportioned the disabling myasthenia gravis. Alternatively, the Board found Dr. Hasday's orthopedic apportionment opinions did not constitute substantial evidence under Escobedo because they failed to explain how and why the nonindustrial factors presently caused permanent disability.

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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