Atilano, Jeanette

Jeanette Atilano, a 51-year-old laboratory assistant for UC San Francisco, sustained an admitted cumulative trauma injury through August 1, 2018, to her neck and wrists. At issue were disputed injuries to the thoracic spine and shoulders, the extent of permanent disability, occupational classification, the method of combining impairments, and a defense claim for credit for allegedly overpaid temporary disability. The WCJ relied in part on the QME's opinions (Dr. Shaw) and in part on the treating physician's opinions (Dr. Johnson), awarding 47% permanent disability and finding that impairment to the thoracic spine and shoulders, though caused by referred pain from the neck rather than direct injury, was compensable. Defendant sought reconsideration, arguing it was error to rely on the treating physician's impairment opinions for the thoracic spine and right shoulder. The WCAB denied reconsideration, adopting and incorporating the WCJ's report, and affirmed the use of the 'range of evidence' rule allowing the trier of fact to draw from multiple expert opinions.