WCPanelIQ
PanelQMEMed-legalGranted in Part

Becerra, Linda

LINDA BECERRA, Applicant vs. CONIFER HEALTH SOLUTION, PERMISSIBLY SELF-INSURED, ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ8185944
Decision date
Date unavailable
District office
Marina Del Rey
WCJ
—
Claim administrator
Sedgwick Claims Management Services
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: psyche, fibromyalgia, right elbow, heart (arrhythmia and hypertension), cervical spine, left wrist, left hand, left arm, bilateral shoulders, bilateral wrists

LC §4663LC §4453LC §4658LC §4659LC §5705LC §5813LC §5814LC §5814.5

Summary

Linda Becerra sustained cumulative industrial injury while employed as a financial assistant from April 20, 2002 through November 22, 2011, with the WCJ initially awarding 64% permanent disability after apportionment at a weekly rate of $290. Both parties sought reconsideration: applicant challenged the apportionment as not constituting substantial evidence, and defendant argued the weekly rate was computational error and sought psychiatric apportionment or development of the record. The Board found that none of the four QMEs (orthopedic, internal, rheumatology, psychiatry) offered apportionment analyses meeting the Escobedo standard of explaining 'how and why' identified factors caused the disability. The Board granted both petitions, rescinded the F&A, found applicant entitled to an unapportioned award of 92% permanent disability, corrected the weekly rate to $270, and declined to develop the record since defendant failed to meet its evidentiary burden. The matter was returned to the trial level for determination of indemnity, life pension, and attorney's fees.

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