RONALD PHILPOT, Applicant vs. PERFORMANCE DAIRY SERVICES INC.; IMPERIUM INSURANCE; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by INTERCARE for ULLICO in liquidation, Defendants
ADJ number
ADJ7284005
Decision date
Date unavailable
District office
Fresno
WCJ
—
Claim administrator
Imperium Insurance; California Insurance Guarantee Association by Intercare for ULLICO in liquidation
Commissioners
—
Injury / body parts: sense of taste, sense of smell, right shoulder, left knee, brain (cognitive dysfunction), psyche, lumbar spine
LC §4663LC §5500.5LC §4659LC §5904LC §4660
Summary
Applicant Ronald Philpot sustained industrial injuries in two successive motor vehicle accidents (April 26, 2010 and July 14, 2011), causing injuries including a severe traumatic brain injury, loss of taste and smell, orthopedic injuries, and psyche/cognitive dysfunction. The WCJ originally found permanent and total disability split between the two insurers (70% Imperium for 2010, 30% Ullico/CIGA for 2011) under Benson. On reconsideration, the Board found no substantial medical evidence supporting apportionment between the two injuries and held that the April 26, 2010 injury alone caused permanent total disability, with any disability from the 2011 injury duplicated or exceeded by the first. After Imperium petitioned again, the Board affirmed its prior Decision After Reconsideration (with one minor correction regarding the vocational expert's testimony), rejecting Imperium's arguments that Dr. Munday's and Dr. Feinberg's reports constituted substantial evidence of apportionment.
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.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.