WCPanelIQ
PanelQMEMed-legalRemanded

Chavolla, Margarita

MARGARITA CHAVOLLA, Applicant vs. GRIMMWAY ENTERPRISES, INC. (PSI); Adjusted by TRISTAR, Defendants

ADJ number
ADJ7640424
Decision date
Oct 12, 2021
District office
Bakersfield
WCJ
—
Claim administrator
TRISTAR
Commissioners
—

Injury / body parts: cervical spine, lumbar spine, left shoulder, left first rib, psyche, sleep, dysphagia/acid reflux, irritable bowel syndrome, neurological damage (claimed), headaches (claimed)

LC §5313LC §5903LC §5952LC §4663LC §4658

Summary

Applicant Margarita Chavolla sustained an admitted 2009 industrial injury affecting multiple body parts. The WCJ found 74% permanent partial disability and used a stipulated average weekly wage of $346.50 without making a finding on the permanent disability rate or addressing applicant's claim for a post-injury minimum wage increase. Applicant sought reconsideration arguing she was permanently totally disabled based on her vocational expert's report and that her PD rate should reflect minimum wage increases. The Board rescinded the F&A, finding the vocational expert's report (Gonzales) was not substantial evidence because it impermissibly rendered medical opinions about applicant's physical capabilities in violation of Nunes, and finding the WCJ failed to make required findings of fact under Labor Code section 5313 and Hamilton. The matter was returned to the trial level for further development of the record.

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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