SHEILA LAMBERT, Applicant vs. HUMAN GOOD VALLE VERDE, permissibly self-insured, administered by SEDGWICK, Defendants
ADJ number
ADJ15549193
Decision date
Sep 29, 2024
District office
Santa Barbara
WCJ
Scott J. Seiden
Claim administrator
Sedgwick (administering for Human Good Valle Verde, permissibly self-insured)
Commissioners
—
Injury / body parts: Cervical spine, Right shoulder, Upper extremity, Bilateral wrists, Bilateral arms, Carpal tunnel syndrome, Cubital tunnel syndrome, Right thumb, Right sensory radial nerve
LC §5909LC §5900LC §5705CCR §10600CCR §10775
Summary
Sheila Lambert, a 67-year-old supply clerk, sustained an admitted cumulative trauma injury (August 5, 2017 through November 12, 2021) to multiple body parts. PQME Michael Tooke, M.D., found 88% permanent disability and opined that apportionment applied at a 70/30 ratio for various body parts based on CMC arthritis, diabetes, obesity, and compensable-consequence theories. The WCJ accepted Dr. Tooke's impairment findings but rejected his apportionment opinions as not constituting substantial medical evidence. Defendant petitioned for reconsideration, arguing the WCJ erred in not finding apportionment. The WCAB denied reconsideration, adopting the WCJ's Report and Opinion, holding that Dr. Tooke failed to explain the 'how and why' of apportionment to non-industrial factors and improperly apportioned compensable-consequence injuries.
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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