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PanelQMEMed-legalGranted

Castro, Luis

LUIS CASTRO, Applicant vs. SKYLINE COMMERCIAL INTERIORS; WAUSAU INSURANCE COMPANY, administered by LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number: ADJ8454650
Decision date: Jan 23, 2025
District office: Oakland
WCJ: —
Claim administrator: Liberty Mutual Insurance Company (administering for Wausau Insurance Company)
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: left shoulder, psyche, sexual dysfunction, sleep disorder/obstructive sleep apnea

LC §5909LC §5900LC §4663LC §5705LC §5952LC §4659

Summary

Luis Castro sustained an industrial injury on March 3, 2011, including a sleep disorder/obstructive sleep apnea. The WCJ found 64% permanent disability after applying apportionment based on internal medicine QME Dr. Mahawar's opinions, which apportioned the sleep apnea between industrial and pre-existing causes. The applicant sought reconsideration, arguing the apportionment was legally invalid. The WCAB granted reconsideration, finding Dr. Mahawar's apportionment opinions were not substantial evidence because he repeatedly admitted that separating the sleep apnea from the pain-related sleep disturbance would be speculative, and his testimony actually supported that the sleep apnea was itself industrially caused (through weight gain and pain medications). The Board rescinded the F&A and substituted a new finding of 72% permanent disability without apportionment, awarding a life pension and deferring attorney fees.

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.