WCPanelIQ
PanelQMEMed-legalGranted

Schwark, Johnnie

JOHNNIE SCHWARK, Applicant vs. SUBSEQUENT INJURY BENEFITS TRUST FUND, Defendant

ADJ number
ADJ10348745
Decision date
Aug 5, 2024
District office
Santa Barbara
WCJ
—
Claim administrator
—
Commissioners
—

Injury / body parts: cervical spine, right shoulder, left shoulder

LC §4751LC §5705LC §3202.5CCR §10964

Summary

Johnnie Schwark, age 45, sustained a May 1, 2013 industrial injury to his cervical spine and both shoulders while working as an account manager. He filed a SIBTF claim, and the WCJ found combined permanent disability of 94% and rejected SIBTF's statute of limitations defense. Both applicant (seeking 100% PD) and SIBTF (arguing the PD rating was too high and the claim was time-barred) petitioned for reconsideration. The Board granted both petitions, deferring the overall permanent disability issue for further development of the record because QME Dr. Newton gave inconsistent cervical WPI ratings (8%, 13%, and 23%) without adequate explanation. The Board affirmed the WCJ's finding that the SIBTF claim was timely under Talcott, deleted the award, and remanded for further development and reanalysis.

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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