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PanelQMEMed-legalGranted

Puckett, Cynthia

CYNTHIA PUCKETT, Applicant vs. STATE OF CALIFORNIA - IHSS, legally uninsured and administered by INTERCARE, Defendants

ADJ number: ADJ11316047
Decision date: Apr 1, 2024
District office: San Francisco
WCJ: —
Claim administrator: Intercare
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: heart, hypertension, bilateral knees, bilateral hands, cervical spine, thoracic spine, psyche, bilateral shoulders, lumbar spine

LC §4663LC §5701LC §5906CCR §10964

Summary

Applicant Cynthia Puckett, an in-home support worker, sustained industrial injury to multiple body parts during a cumulative period ending May 20, 2018. The WCJ found 81-82 percent permanent partial disability with a life pension. Applicant sought reconsideration, arguing that vocational expert Scott Simon's reporting supported a finding of permanent and total disability without apportionment. The Board granted reconsideration, finding that Simon's reporting employed impermissible 'vocational apportionment' incompatible with Labor Code section 4663 under Nunes I & II, was based on an incomplete medical record, and improperly relied in part on a lumbar spine injury later found nonindustrial. The Board rescinded the F&A and remanded for development of the record to allow supplementation by the evaluating physicians and/or vocational experts.

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.