AVELINA GONZALEZ, Applicant vs. ABBOTT CARDIOVASCULAR SYSTEMS, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants
ADJ number
ADJ11244503
Decision date
Apr 7, 2024
District office
San Diego
WCJ
Alicia Hawthorne
Claim administrator
Travelers Property Casualty Company of America
Commissioners
—
Injury / body parts: neck, bilateral shoulders, back, psyche
LC §5903LC §5952LC §5803LC §5805
Summary
Applicant Avelina Gonzalez sustained an industrial injury on February 27, 2014 to her neck, bilateral shoulders, back, and psyche while working as a Senior Operator for Abbott Cardiovascular Systems. The central dispute was whether permanent impairment should be based on the PQME (Dr. Inman) or the primary treating physician (Dr. Bernicker), with the WCJ relying on Dr. Bernicker to find 35% permanent disability. Defendant petitioned for reconsideration arguing the decision was unreasonable and not based on substantial medical evidence, particularly challenging Dr. Bernicker's combined rating of range of motion loss and strength deficit for the shoulders. The WCJ found Dr. Bernicker's reporting constituted substantial medical evidence, noted Dr. Inman's failure to address cervical muscle spasm and pain add-on, and recommended denial. The WCAB adopted and incorporated the WCJ's report and opinion and denied reconsideration.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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.