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PanelQMEMed-legalLienGranted in Part

Landeros, Rosa

ROSA LANDEROS, Applicant vs. BAGCRAFT PAPERCON I, LLC; TRAVELERS PROPERTY CASUALTY COMPANY OF CALIFORNIA, Defendants

ADJ number: ADJ13609782
Decision date: Dec 26, 2024
District office: Van Nuys
WCJ: —
Claim administrator: Travelers Property Casualty Company of California
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: cervical spine, lumbar spine, both shoulders, both hands, cardiovascular system (hypertension)

LC §5909LC §5900LC §4663LC §4664

Summary

Applicant Rosa Landeros sustained admitted cumulative industrial injury to her cervical spine, lumbar spine, shoulders, hands, and in the form of hypertension during a period ending September 2020. The WCJ found 43% permanent disability after apportionment, relying on PQME orthopedist Dr. Gabriel's opinion apportioning 40% of cervical/lumbar impairment to non-industrial degenerative aging and treating physician Dr. Pietruszka's opinion apportioning 20% of hypertension to non-industrial factors. The Board granted reconsideration, finding both apportionment opinions conclusory and not substantial medical evidence under Escobedo, and awarded an unapportioned 52% permanent disability. However, the Board affirmed the WCJ's rating of the lumbar spine under DRE Category II rather than III, finding Dr. Gabriel's explanation of unsupported radicular complaints persuasive. The Board also addressed timeliness under amended Labor Code section 5909, confirming it acted within 60 days of transmission.

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.