WCPanelIQ
PanelDenied

Wong, Karen

KAREN WONG, Applicant vs. COUNTY OF LOS ANGELES; SHERIFF’S DEPARTMENT; SEDGWICK CMS, Defendants

ADJ number
ADJ11339126
Decision date
Date unavailable
District office
Van Nuys
WCJ
Clint Feddersen
Claim administrator
Sedgwick CMS (for permissibly self-insured County of Los Angeles)
Commissioners
—

Injury / body parts: cervical spine, lumbar spine, left shoulder, left knee, left hand, left index finger, head (cerebral concussion), left lower limb (compartment syndrome), teeth and jaws, nervous system (posttraumatic headaches, sleep disturbance), psyche/dental (bruxism)

LC §4850LC §4660LC §4660.1LC §4662LC §4903LC §4906CCR §10844

Summary

Deputy Sheriff Karen Wong, age 46, suffered catastrophic injuries when a drunk driver fleeing CHP struck her patrol vehicle head-on at 110 mph on March 11, 2018, causing injuries to her cervical and lumbar spine, left shoulder, knee, hand and finger, plus cerebral concussion, headaches, sleep disturbance, compartment syndrome, bruxism, and dental trauma. The WCJ found permanent total disability, ruling that while the AME-based medical rating yielded 71% PD, that scheduled rating was rebutted under the LeBoeuf/Ogilvie second method by vocational expert Enrique Vega, who concluded Wong was not feasible for vocational rehabilitation. Defendant County of Los Angeles petitioned for reconsideration, arguing the evidence did not justify total disability and that Wong could perform sedentary work, do creative writing, or be rehabilitated, citing surveillance videos. The WCJ found Vega's opinion (which included vocational testing and correctly applied AME work restrictions) constituted substantial evidence, while defendant's expert Corso misinterpreted the two-hour-per-day work restriction and improperly relied on subrosa videos. The WCAB adopted and incorporated the WCJ's report and denied reconsideration.

Issues

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Holding

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Analysis

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Defense takeaway

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