CAREY FANNING, Applicant vs. GELSONS MARKET; ZENITH INSURANCE COMPANY, Defendants
ADJ number
ADJ10862354
Decision date
Apr 7, 2024
District office
Santa Barbara
WCJ
—
Claim administrator
Zenith Insurance Company
Commissioners
—
Injury / body parts: right hand, left trigger thumb, left hand, left wrist, left upper extremity, psyche, chronic regional pain syndrome (CRPS)
LC §4660.1LC §4663LC §4664LC §4650
Summary
Applicant Carey Fanning, a deli cutter, sustained industrial injury on November 30, 2015 to her right hand, left trigger thumb, left hand, left wrist, left upper extremity, psyche, and in the form of chronic regional pain syndrome (CRPS). The WCJ found permanent total (100%) disability based on IME orthopedist Dr. Peter Newton's reporting. Defendant sought reconsideration arguing the WCJ erred in relying on Dr. Newton's orthopedic rating, in finding compensable psychiatric disability under Labor Code 4660.1(c), and in setting the PD start date. The Board granted reconsideration but affirmed the substance, finding 100% orthopedic disability without regard to psyche, finding defendant failed to prove apportionment, and amending the decision to reflect no legal basis for apportionment and that injury was 'in the form of' CRPS.
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.