WCPanelIQ
PanelQMEMed-legalRemanded

Vazquez, Sarah

SARAH VAZQUEZ, Applicant vs. VALLEY FIRST CREDIT UNION, CYPRESS INSURANCE, ADMINISTERED BY BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ10238805
Decision date
Oct 31, 2024
District office
Oakland
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (administering Cypress Insurance)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: left knee, low back, psyche, left lower extremity (Complex Regional Pain Syndrome)

LC §4660LC §4660.1LC §4662LC §5700LC §5701LC §5900LC §5903LC §5906LC §5909LC §5952LC §3208.3CCR §10600

Summary

Sarah Vazquez, a department manager, sustained admitted industrial injury on November 18, 2014 to her left knee, low back, and psyche, with a disputed CRPS claim to the left lower extremity. The WCJ found permanent total disability without apportionment, relying on applicant's vocational expert Mr. Ramirez who concluded applicant was not amenable to vocational rehabilitation. Defendant sought reconsideration, arguing the vocational expert improperly relied on psychiatric sequelae barred from rating under section 4660.1(c)(1), failed to account for nonindustrial apportionment, and used work restrictions not imposed by physicians. The Appeals Board granted reconsideration, rescinded the F&A, and remanded for development of the record. The Board found unresolved the legal question of whether psychiatric impairment otherwise barred for scheduled ratings may be considered in a LeBoeuf/Ogilvie vocational feasibility analysis, and held the vocational reporting failed to adequately address valid apportionment under Nunes.

Issues

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Holding

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Analysis

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