WCPanelIQ
PanelLienGranted

Medina, Epifanio

EPIFANIO MEDINA, Applicant vs. SECOND NATURE; MID-CENTURY INSURANCE COMPANY, Defendants

ADJ number
ADJ1413052
Decision date
Nov 11, 2024
District office
Stockton
WCJ
—
Claim administrator
Sedgwick (administering for Mid-Century Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: left knee, back, psyche, neck

LC §5909LC §5900LC §4600LC §4610LC §4610.5LC §4663LC §4664LC §5906LC §5908CCR §10600CCR §10945

Summary

Applicant Epifanio Medina sustained industrial injury to his left knee, back, psyche, and neck while employed as a laborer manager on July 9, 2001. The WCJ found 78 percent permanent partial disability after applying apportionment from the psychiatric report of regular physician Dr. Karen Hutchinson, who attributed 25 percent to a preexisting personality disorder. The Board granted reconsideration and, exercising its authority under sections 5906 and 5908 to reopen the entire record, found Dr. Hutchinson's apportionment opinion was not substantial evidence because it failed to explain how and why the personality disorder was nonindustrial and currently contributed to disability. The Board amended the award to reflect an unapportioned 86 percent permanent disability and confirmed that future medical care, including psychiatric treatment, is not subject to apportionment. The Board affirmed the WCJ's temporary disability findings and the deferral of self-procured medical expense reimbursement.

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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