WCPanelIQ
PanelQMEMed-legalRemanded

Fiore, Michael

MICHAEL FIORE, Applicant vs. LOS ANGELES COMMUNITY COLLEGE DISTRICT, permissibly self-insured, administered by ADMINSURE, Defendants

ADJ number
ADJ9647382
Decision date
Aug 21, 2024
District office
Marina del Rey
WCJ
—
Claim administrator
AdminSure (administrator for Los Angeles Community College District, permissibly self-insured)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: bilateral wrists, right shoulder, lumbar spine, bilateral lower extremities, psyche, upper digestive tract, colon, sleep disorder, fibromyalgia

LC §4660LC §4660.1LC §4662LC §5313LC §5701LC §5903LC §5952CCR §10961CCR §10962

Summary

Applicant Michael Fiore, a photocopy machine operator for Los Angeles Community College District, sustained cumulative industrial injury to multiple body parts including fibromyalgia. The WCJ awarded 65% permanent partial disability and found that neither the PDRS nor the Combined Values Chart (CVC) was rebutted. Applicant sought reconsideration, arguing his vocational expert's reporting rebutted both the PDRS and the CVC, warranting 100% permanent total disability. The Board found that CVC rebuttal requires medical evidence (not vocational opinion alone) and that applicant produced no medical evidence on CVC rebuttal; it also found the record incomplete because rating instructions were never served and only five pages of the regular physician's deposition were admitted. The Board rescinded the September 29, 2021 F&A, clarified the rescission of the prior July 23, 2021 F&A, and remanded for further development of the record on both PDRS and CVC rebuttal.

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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