WCPanelIQ
PanelQMEMed-legalGranted in Part

Khammash, Hoda

HODA KHAMMASH, Applicant vs. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION, LEGALLY UNINSURED, STATE COMPENSATION INSURANCE FUND, ADJUSTING AGENCY, Defendants

ADJ number
ADJ7358979
Decision date
Sep 27, 2023
District office
Santa Ana
WCJ
—
Claim administrator
State Compensation Insurance Fund (adjusting agency for State of California Department of Transportation, legally uninsured)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: cervical spine, lumbar spine, psyche, internal/colon, chronic constipation, sleep, gait, urological system, erectile dysfunction (denied), complex regional pain syndrome, irritable bowel syndrome (denied)

LC §4663LC §4664

Summary

Applicant Hoda Khammash, a senior engineer for Caltrans, claimed four industrial injuries (one cumulative trauma and three specific) and was awarded 100% permanent total disability by the WCJ. Defendant sought reconsideration, arguing the WCJ failed to designate which injury caused the total disability, improperly added rather than combined the psychiatric disability, failed to apply orthopedic apportionment, and relied on non-substantial medical and vocational evidence. The Board granted reconsideration and affirmed the F&A, amending it only to clarify that applicant is entitled to a combined award under Benson because the psychiatric AME could not parcel out causation among the four injuries, and to designate April 22, 2009 as the date of injury. The Board upheld the addition of psychiatric disability, the gait and sleep disturbance findings, and the vocational expert's reporting as substantial evidence.

Issues

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Holding

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Analysis

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Defense takeaway

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