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PanelMed-legalRemanded

Cano, Jesse, Sr.

JESSE CANO SR, Applicant vs. ECOLOGY CONTROL INDUSTRIES, INC.; ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number: ADJ9983378
Decision date: Date unavailable
District office: Long Beach
WCJ: —
Claim administrator: Zurich American Insurance Company
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: lumbar spine, thoracic spine, cervical spine, right shoulder, psyche

LC §4660LC §4660.1LC §4662LC §4663

Summary

Applicant Jesse Cano Sr., a truck driver, sustained an admitted industrial injury to his lumbar spine, cervical spine, and right shoulder, with additional industrial injury found to the thoracic spine and psyche. The WCJ found 85% permanent partial disability with a life pension; applicant sought reconsideration claiming permanent total disability based on non-amenability to vocational rehabilitation, or alternatively rebuttal of the Combined Values Chart to add impairments to 100%. The Board found applicant's vocational expert (Laura Wilson) improperly substituted her own medical opinions regarding work restrictions, rendering her report not substantial evidence, and that no medical evidence was presented on CVC rebuttal. The Board rescinded the F&A and remanded for further development of the record, noting the AME's statement that applicant may not be employable presented a credible argument worth developing under the clarified standards of Nunes and Vigil.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.