WCPanelIQ
PanelQMEMed-legalGranted in Part

Xiong, Doua

DOUA XIONG, Applicant vs. LINVATEC/CONMED; TRAVELERS PROPERTY CASUALTY COMPANY, Defendants

ADJ number
ADJ8574617
Decision date
Jul 14, 2024
District office
Santa Barbara
WCJ
—
Claim administrator
Travelers Property Casualty Company
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: head, bilateral wrists, bilateral hands, carpal tunnel syndrome, sleep disorder, thoracic outlet syndrome, bilateral upper extremities, neck

LC §5701LC §5313LC §4663LC §5705LC §5311LC §4658

Summary

Applicant Doua Xiong sustained a specific head injury (May 11, 2011) and a cumulative injury to her bilateral wrists/hands (carpal tunnel) with associated sleep disorder (November 26, 2011 to November 26, 2012) while working as an assembler. The WCJ originally found 5% PD for the specific injury and 31% PD for the cumulative injury, both after apportionment to nonindustrial factors based on neurology QME Dr. Shorr's reporting. The Board granted reconsideration, finding Dr. Shorr's apportionment opinions failed to constitute substantial medical evidence because they did not explain how and why nonindustrial factors (pre-existing migraines, diabetes mellitus) were presently causing the apportioned percentages of disability. The Board amended the awards to unapportioned figures of 8% PD and 34% PD respectively. However, the Board rejected applicant's claim of permanent total disability, finding the vocational expert (Vega) relied on work restrictions exceeding those in the medical record and failed to adequately explain why applicant was not feasible for vocational rehabilitation.

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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