DEBRA ELLIS, Applicant vs. UNIVERSITY OF CALIFORNIA SANTA CRUZ, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants
ADJ number
ADJ9535221
Decision date
Aug 29, 2023
District office
San Jose
WCJ
David L. Lauerman
Claim administrator
Sedgwick Claims Management Services (administrator for University of California Santa Cruz, permissibly self-insured)
Commissioners
—
Injury / body parts: head, eyes, hearing/ears, psyche, neurological system, right shoulder, right arm, right hip
Summary
Debra Ellis sustained an industrial injury on October 1, 2011, stemming from a tick bite (Borrelia Hermsii infection) while employed as a residential education coordinator at UC Santa Cruz, affecting her neurological system, head, eyes, psyche, hearing, right shoulder, right arm, and right hip. The WCJ found applicant permanently totally (100%) disabled, adding rather than combining her optometry, hearing loss, and cognitive/peripheral neuropathy impairment factors under the Kite doctrine. Defendant sought reconsideration, arguing the medical evidence supporting Kite addition was not substantial, that Kite should be overturned based on Fitzpatrick dicta, and that the addition of impairments improperly deprived it of its right to apportionment. The Board denied reconsideration, adopting the WCJ's Report and finding the reports of Dr. Mahmoudi and Dr. Francis constituted substantial evidence that adding the disability factors produced a more accurate rating. The Board affirmed that apportionment had in fact been applied (30% deducted) before the impairments were added, and rejected defendant's apportionment argument as having no legal or factual basis.
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.