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PanelMed-legalDenied

Bergen, Ellen

ELLEN BERGEN, Applicant vs. DEPARTMENT OF TRANSPORTATION – DISTRICT 11; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ3642528
Decision date: Date unavailable
District office: San Diego District Office
WCJ: Douglas E. Webster
Claim administrator: State Compensation Insurance Fund (administering legally uninsured State of California, Department of Transportation)
Commissioners: —

Injury / body parts: neck/cervical spine, back/lumbar spine, knees, teeth/dental, psyche, abdomen/internal

LC §4660CCR §10775

Summary

Applicant Ellen Bergen sustained three industrial injuries while working as a Maintenance Equipment Operator for Caltrans, with the principal February 1, 2002 specific injury affecting her neck, back, knees, teeth, psyche, and abdomen. Using AME opinions (Dr. Wieseltier orthopedic, Dr. Addario psychiatric, Dr. Bressler internal, Dr. Rosenson dental) and the 1997 PDRS, the WCJ found the applicant permanently totally disabled (100%) based on Dr. Wieseltier's opinion that her unapportioned lumbar spine disability alone precluded her from competing in the open labor market. The defendant petitioned for reconsideration, arguing a finding of permanent total disability requires a vocational expert and that the decision ignored the AMEs' apportionment opinions. The WCAB denied reconsideration, adopting and incorporating the WCJ's report, finding that an AME's medical opinion alone can support 100% disability and that the lumbar spine disability was properly unapportioned even though psychiatric and internal disabilities were apportioned.

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.