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PanelQMEGranted in Part

Carrillo, Luis

LUIS CARRILLO, Applicant vs. OAKVIEW DAIRY; CALIFORNIA LIVESTOCK PRODUCERS, INC., self-insured group, administered by INTERCARE INSURANCE SERVICES, Defendant

ADJ number: ADJ11533485
Decision date: Jan 19, 2026
District office: Fresno
WCJ: —
Claim administrator: Intercare Insurance Services (administering California Livestock Producers, Inc., self-insured group)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: lumbar spine, back, right leg

LC §4663LC §4664LC §4750CCR §10803

Summary

Luis Carrillo, a dairy milker, sustained an admitted industrial back injury on May 30, 2018. The WCJ awarded temporary disability based on the AME's opinion, 8% WPI, and applied 40% non-industrial apportionment under Labor Code section 4663. Defendant sought reconsideration, arguing temporary disability should have ended when applicant was released to regular duty and that apportionment should have been applied under section 4664(b) (prior award) rather than section 4663. The Board, after reconsideration, affirmed the temporary disability period but corrected applicant's wage rate to $455.75/week, and recalculated permanent disability by applying section 4664(b) apportionment based on prior awards, finding overlap because the current and prior lumbar disabilities were rated using the exact same DRE Lumbar Category II chart, resulting in 2% permanent disability after subtracting the prior 12% award.

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.