WCPanelIQ
PanelQMEMed-legalLienGranted in Part

Young, Jimmy

JIMMY YOUNG, Applicant vs. MAGIC MOUNTAIN, LLC; HARTFORD PROPERTY AND CASUALTY INSURANCE COMPANY, Defendants

ADJ number
ADJ14881837
Decision date
Mar 26, 2024
District office
Van Nuys
WCJ
—
Claim administrator
Hartford Property and Casualty Insurance Company
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER

Injury / body parts: bilateral knees, back (claimed, denied), ankles (claimed, denied)

LC §4663LC §5412

Summary

Applicant Jimmy Young, a plumber, claimed cumulative injury to his bilateral knees, requiring two total knee replacements. The WCJ found 68 percent permanent disability after applying 75 percent industrial apportionment per QME Dr. Fields and adding the knee impairments under Kite rather than combining via the CVC. Defendant sought reconsideration challenging the apportionment finding (arguing the WCJ should have applied the apportionment), the use of Kite, the right knee impairment rating, and certain temporary disability periods. The Appeals Board granted reconsideration but ruled against defendant on apportionment, finding Dr. Fields' obesity apportionment was not substantial evidence, which increased permanent disability to 86 percent. The Board affirmed the use of Kite/addition under Vigil, affirmed the 20 percent right knee rating, adjusted the temporary disability end date to September 5, 2017, and corrected the cumulative injury period to December 1, 2008 through November 10, 2021.

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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