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PanelQMEMed-legalGranted in Part

Freeman, Ruby

RUBY FREEMAN, Applicant vs. THE HERTZ CORPORATION; ACE AMERICAN INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number: ADJ10715566
Decision date: Mar 18, 2026
District office: Oakland
WCJ: —
Claim administrator: Sedgwick Claims Management Services, Inc. (administering for ACE American Insurance Company)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: low back, lumbar spine

LC §4663LC §4664LC §5903LC §5952

Summary

Applicant Ruby Freeman sustained an industrial low back injury on March 19, 2014 while working as a transporter for Hertz, ultimately undergoing lumbar fusion surgery. The WCJ awarded 51% permanent disability based on PQME Dr. Anderson's gait derangement rating of 40% WPI with 20% nonindustrial apportionment, and rejected the vocational opinion of VE Frank Diaz. On reconsideration, the Board found that VE Diaz's opinion was substantial vocational evidence establishing 100% loss of earning capacity, while VE Suhono's contrary opinion (premised on voluntary 'retirement') was speculative and failed the LeBoeuf labor market reality standard. The Board further found that Dr. Anderson's apportionment opinion failed to constitute substantial medical evidence because he never explained the 'how and why' connecting preexisting degenerative changes to the current disability. The Board amended the F&A to award 100% permanent disability and deferred attorney fees.

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.