L.B. BALTRIP, Applicant vs. AC TRANSIT DISTRICT, Permissibly Self-Insured; Adjusted by ATHENS ADMINISTRATORS, Defendants
ADJ number
ADJ8635472
Decision date
Jun 16, 2021
District office
Oakland
WCJ
Lilla J. Szelenyi
Claim administrator
Athens Administrators
Commissioners
—
Injury / body parts: bilateral upper extremities, right hand, left hand, right wrist, left wrist, bilateral thumbs, elbow/forearm
LC §4662LC §5904
Summary
AC Transit bus driver L.B. Baltrip sustained cumulative trauma to his bilateral upper extremities ending August 7, 2012, including bilateral carpal tunnel and cubital tunnel syndrome. The WCJ found permanent and total disability, relying on AME Dr. Conrad's reporting, vocational expert Frank Diaz's non-feasibility opinion, and applicant's testimony, while using a 97% formal rating (which incorporated grip loss measurements) as a guide. Defendant sought reconsideration, arguing the WCJ issued erroneous rating instructions by including grip loss, that the vocational opinion did not support total disability, that impairments should be combined not added, and that Fitzpatrick barred a 100% finding. The Appeals Board affirmed, holding the grip loss measurements were properly included because Dr. Conrad's measurements showed less than 20% variation and his observed loss of function was not adequately captured by other methods. The Board distinguished Fitzpatrick because admissible vocational evidence from Mr. Diaz rebutted the scheduled rating, and found no error in adding impairments under Vigil v. County of Kern principles.
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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