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PanelMed-legalGranted

Calleros, Verna Lisa

VERNA LISA CALLEROS, Applicant vs. SHUTTERFLY AND LIFETOUCH, INC.; AMERICAN ZURICH INSURANCE COMPANY, administered by CCMSI, Defendants

ADJ number: ADJ12903013
Decision date: Feb 22, 2024
District office: Oakland
WCJ: —
Claim administrator: CCMSI (administering American Zurich Insurance Company)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: cervical spine

LC §5950LC §4663LC §4664LC §5903LC §5952LC §5907LC §5908LC §5908.5LC §5803LC §5901

Summary

Applicant Verna Lisa Calleros sustained an admitted industrial injury to her cervical spine on October 21, 2019, when struck by an unsecured metal tripod. She had a prior 2014 industrial neck injury (settled via $80,000 C&R) that required a multilevel cervical fusion. The AME, Dr. Victoria Barber, apportioned 80% of the current 11% PD finding to the prior 2014 injury and 20% to the 2019 injury. The WCJ found this apportionment to be substantial medical evidence and valid. The applicant sought reconsideration challenging the validity of the apportionment under Escobedo, noting the AME apparently failed to review one of Dr. Conrad's prior AME reports. The Board granted reconsideration, finding it unclear whether substantial medical evidence supported the apportionment finding, and deferred a final decision pending further review.

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.