LUIS TOLENTINO, Applicant vs. LUKE’S ROOFING, INC.; REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants
ADJ number
ADJ11314069
Decision date
Nov 11, 2024
District office
Van Nuys
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (administering for Redwood Fire and Casualty Insurance Company)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
Injury / body parts: brain, head, lumbar spine, chest, thoracic cavity, right rib, cardiovascular system (hypertension), vestibular system, respiratory system, auditory system (tinnitus), visual system (light sensitivity and low vision), psychiatric system
Applicant Luis Tolentino, a roofer, sustained an industrial injury on June 19, 2017 to multiple body parts including his brain, head, lumbar spine, chest, cardiovascular, vestibular, respiratory, auditory, visual, and psychiatric systems. The WCJ awarded 100% permanent total disability, relying on Labor Code section 4662(a)(4) (conclusive presumption for brain injury causing permanent mental incapacity), AME neuropsychologist Dr. Tomaszewski, and vocational expert Enrique Vega. Defendant petitioned for reconsideration, arguing the medical evaluators misunderstood section 4662(a)(4) (which requires severe cognitive impairment, while evaluators found only 'mild' impairment) and that Vega's vocational report was not substantial evidence because it was prepared before the applicant reached maximum medical improvement psychiatrically. The Appeals Board granted reconsideration, finding the WCJ failed to discuss the scheduled rating under the AMA Guides and Fitzpatrick, and whether/why that rating was rebutted by vocational evidence. The Board deferred a final decision pending further review of the merits and the entire record.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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