WCPanelIQ
PanelQMEDenied

Burkhard, Brian

BRIAN BURKHARD, Applicant vs. COUNTY OF MARIN, permissibly self-insured, administered by ATHENS ADMINISTRATORS, Defendants

ADJ number
ADJ15316244
Decision date
Date unavailable
District office
San Francisco
WCJ
Elizabeth Dehn
Claim administrator
Athens Administrators
Commissioners
—

Injury / body parts: left hip, sacroiliac joint, pelvis, lumbar spine

LC §5902CCR §10940

Summary

Applicant firefighter Brian Burkhard sustained an accepted cumulative trauma injury to the left hip (treated with a total hip arthroplasty) and developed left sacroiliac joint dysfunction as a compensable consequence due to altered mechanics. PQME Dr. Smolins assigned 15% WPI to the left hip, 0% WPI to the lumbar spine/sacroiliac joint, and in a supplemental report added 3% for chronic pain. Defendant petitioned for reconsideration, arguing the 3% pain add-on was attributable to the sacroiliac joint, which had no underlying ratable impairment, and therefore could not be added. The WCJ and the Board interpreted Dr. Smolins' report as attributing the 3% chronic pain add-on to the left hip—the only body part with ratable impairment—consistent with Blackledge v. Bank of America. The Board denied reconsideration, finding the pain add-on permissible because there was underlying ratable WPI for the left hip.

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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