WCPanelIQ
PanelMed-legalGranted

Watson, Nerissa

NERISSA WATSON, Applicant vs. LOS ANGELES COUNTY PROBATION DEPARTMENT, permissibly self-insured, administered by SEDGWICK CLAIMS, Defendants

ADJ number
ADJ8545914
Decision date
Aug 8, 2024
District office
Marina del Rey
WCJ
—
Claim administrator
Sedgwick Claims (administering for permissibly self-insured Los Angeles County Probation Department)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: right wrist, right hand, left knee, heart, lungs, psyche, headaches, gastrointestinal system

LC §4659LC §4663LC §4664LC §4662LC §5506LC §5709LC §5803LC §5901LC §5907LC §5908LC §5908.5LC §5950LC §3201LC §3201CCR §10517CCR §10617CCR §10492

Summary

Applicant, a Detention Services Officer, was found by the WCJ to have sustained cumulative injury to multiple body parts (right wrist/hand, left knee, heart, lungs, psyche, headaches, GI) resulting in a 100% permanent disability award, calculated by combining (Kite) various impairments because the injuries were deemed inextricably intertwined under Benson. Defendant sought reconsideration arguing the record needed further development, that the AME and vocational reports were not substantial evidence, that it was entitled to cross-examine the AMEs, and that the WCJ failed to address Labor Code section 4664(c). The Board granted reconsideration but issued only a non-final order deferring a final decision on the merits. The Board flagged a previously unaddressed factual question—whether applicant actually sustained two cumulative trauma periods or one cumulative injury plus a compensable consequence (sepsis)—which bears on the 4664(c) analysis. The Board invoked liberal pleading principles and indicated it must further review the medical-legal reporting before deciding.

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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