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PanelMed-legalGranted

Gonzalez, Janet

JANET GONZALEZ, Applicant vs. HECTOR LOYA and STATE FARM INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ11166525
Decision date: May 28, 2024
District office: Los Angeles
WCJ: —
Claim administrator: Sedgwick Claims Management Services (administering State Farm Insurance Company)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: bilateral wrists, cervical spine, lumbar spine, right shoulder, psyche

Summary

Applicant Janet Gonzalez sought reconsideration of the WCAB's March 27, 2024 O&O, which had found 70 percent permanent disability, contending that the permanent disability ratings contained clerical error and failed to carry forward the WCJ's combination methodology. The WCAB agreed that the psychiatric rating string failed to adjust for age and occupation (correct rating 14.01.00.00 - 11 - 15 - 340D - 12 - 15%) and that the O&O failed to reflect the WCJ's approach of adding the combined bilateral wrist disability to the combined spinal disability per AME Dr. Heskiaoff's opinion. After recalculating, the Board found the combined bilateral wrists (32%) added to the combined spine (45%) yielded 77%, which combined with the shoulder (8%) and corrected psyche (15%) produced 82 percent permanent disability. The Board granted reconsideration and amended Finding of Fact No. 7 to reflect 82 percent permanent disability and a life pension.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.