NANCY JOHNSON, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; legally uninsured, administered by State Compensation Insurance Fund, Defendants
ADJ number
ADJ4265793
Decision date
Feb 1, 2026
District office
Goleta
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, CRAIG L. SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
Injury / body parts: lumbar spine, neck, left shoulder, left knee, right knee, internal system (hepatitis C)
LC §3370LC §4656LC §4663LC §4664LC §5903LC §5952
Summary
Applicant Nancy Johnson, a CDCR firefighter (inmate forest-fire fighter), sustained three industrial injuries between 2001 and 2002 affecting her lumbar spine, neck, left shoulder, left and right knees, and internal system (hepatitis C from a contaminated cadaver bone graft). The WCJ issued separate permanent disability awards (39%, 39%, 55%) plus temporary disability from April 26, 2001 to April 25, 2007. Both parties sought reconsideration: applicant argued she was entitled to a combined 100% PD award based on Benson inextricability, while defendant challenged the TD period (citing MMI on December 6, 2004, and section 3370 incarceration ineligibility) and apportionment of the right knee. The Board rescinded the F&A, found AME Dr. Scheinberg's apportionment opinions were conclusory and not substantial evidence, relied on VE Van Winkle's vocational opinion to find 100% permanent total disability, and corrected the TD award to April 26, 2001 to December 6, 2004 (not to exceed 240 weeks, less any incarceration periods under section 3370).
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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