RENEE ARTERBERRY, Applicant vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants
ADJ number
ADJ10320048
Decision date
Jan 28, 2024
District office
Van Nuys
WCJ
Todd T. Kelly
Claim administrator
State Compensation Insurance Fund (administering for State of California Department of Social Services, legally uninsured)
Commissioners
—
Injury / body parts: cervical spine, lumbar spine, left shoulder, left wrist, gastrointestinal system/GERD, hypertension, allergic rhinitis, diabetes (claimed, denied), hearing loss (claimed, denied)
LC §4663LC §15LC §5502
Summary
Applicant Renee Arterberry sought reconsideration of a WCJ's Findings and Award covering a specific injury (8/10/2015) and a cumulative trauma (5/5/2015–5/5/2016) while working as a data entry clerk/driver. The WCJ relied on orthopedic QME Dr. Segil and internal medicine QME Dr. Rodas to find various industrial injuries, deny diabetes and hearing loss claims, and apply apportionment. The Board adopted most of the WCJ's Report but rejected Dr. Rodas's apportionment opinion as to the gastrointestinal/GERD condition, finding it failed to satisfy Escobedo because Dr. Rodas did not explain how and why the non-industrial factors (obesity, sleep apnea) were causing disability at the time of evaluation. The Board granted reconsideration and amended the F&A in ADJ10440572 to increase permanent disability from 36% to 41%, eliminate non-industrial apportionment for the GERD, and award attorney fees of $9,048.00, while affirming the F&A in ADJ10320048.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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