WCPanelIQ
PanelQMEMed-legalRemanded

Ochoa, Vilma

VILMA OCHOA, Applicant vs. GERARD CASALE AND STEPHANIE CASALE; MID-CENTURY INSURANCE COMPANY, Administered by FARMERS OKLAHOMA CITY, Defendants

ADJ number
ADJ2400606
Decision date
Jul 28, 2024
District office
Los Angeles
WCJ
—
Claim administrator
Farmers Oklahoma City, administering for Mid-Century Insurance Company
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: right lower extremity, psyche (claimed, barred), internal/internal medicine systems (deferred)

LC §3208.3LC §4056LC §4062LC §4453LC §4454LC §5904LC §5950CCR §10955

Summary

Vilma Ochoa, a housekeeper for Gerard and Stephanie Casale, sustained an industrial injury to her right lower extremity on July 16, 2003. The WCJ's September 29, 2021 Findings and Award found earnings of $300/week, periods of temporary total disability, and a 'tentative' 76% permanent disability rating while simultaneously ordering further development of the medical record on internal injury, permanent disability, and apportionment via AME Dr. Woolf. Applicant sought reconsideration challenging the earnings determination and the permanent disability rating. The Appeals Board found the WCJ failed to specify which method of Labor Code section 4453(c) was used to calculate earnings, improperly invoked laches, and failed to include the mandatory value of room and board under section 4454. The Board affirmed unchallenged findings but rescinded and deferred the earnings finding and the tentative permanent disability finding, returning the matter to the trial level for new determination.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.