WCPanelIQ
PanelQMEMed-legalRemanded

Perez, Horacio

HORACIO PEREZ, Applicant vs. BAKER HUGHES, INC.; ACE AMERICAN INSURANCE COMPANY, administered by GALLAGHER BASSETT, Defendants

ADJ number
ADJ10714339
Decision date
Nov 4, 2024
District office
Bakersfield
WCJ
—
Claim administrator
Gallagher Bassett (administering for ACE American Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: right thumb, psyche, right upper extremity, right hand (segmental dystonia/extrapyramidal movement disorder with tremors)

LC §4663

Summary

Applicant Horacio Perez sustained industrial injury to his right thumb and psyche, with claimed further injury including right segmental dystonia and tremors. The WCJ awarded 90% permanent partial disability with a life pension, rejecting applicant's vocational expert's claim of 100% permanent total disability. Applicant sought reconsideration, arguing the WCJ should have followed his vocational expert's opinion that he was not amenable to rehabilitation. The Board granted reconsideration and rescinded the F&A, finding that applicant's vocational expert improperly interjected his own medical opinions regarding the applicant's ability to use his left hand—a medical issue requiring medical evidence. The matter was remanded for further development of the record so the medical experts could clarify applicant's left-hand restrictions.

Issues

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Holding

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Analysis

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