WCPanelIQ
PanelQMEMed-legalGranted

Gibson, Denise

DENISE GIBSON, Applicant vs. CAL OES, legally uninsured; adjusted by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ12881816
Decision date
Jul 21, 2024
District office
Sacramento
WCJ
—
Claim administrator
State Compensation Insurance Fund (for legally uninsured Cal OES)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: lungs, feet

LC §3600LC §3202.5LC §3208.1LC §3208.2LC §5303LC §5412LC §4663LC §4664LC §5500.5LC §5701LC §5906LC §5313LC §4660.1CCR §10787

Summary

Denise Gibson, an environmental scientist for Cal OES (legally uninsured, adjusted by State Compensation Insurance Fund), sustained an industrial lung injury (sarcoidosis) but the WCJ found no industrial injury to her feet, assigned occupational group 213, and found 14% permanent disability after apportioning 80% of her lung disability to prior firefighting employment. Applicant sought reconsideration, contesting the foot finding, the 80% apportionment, and the occupational group determination (arguing for group 490 - Fire Inspector). The WCAB granted reconsideration, finding the PQME reports of Dr. Lonky (lungs) and Dr. Marino (feet) were not substantial evidence because they offered conclusions without supporting reasoning, particularly failing to address whether there was one or two cumulative injuries under Coltharp/Austin analysis. The Board also found occupational group 213 inaccurate but the record insufficient to determine the correct group. The F&A was rescinded and the matter returned to the trial level for further development of the record on all three issues.

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.