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Harrington, Martin

MARTIN HARRINGTON, Applicant vs. CITY OF BAKERSFIELD, Permissibly Self-Insured, Administered By ACCLAMATION INSURANCE MANAGEMENT SERVICES, Defendant

ADJ number: ADJ11930165
Decision date: May 14, 2023
District office: Bakersfield
WCJ: —
Claim administrator: Acclamation Insurance Management Services (administrator for permissibly self-insured City of Bakersfield)
Commissioners: —

Injury / body parts: neck/cervical spine, thoracic spine, low back/lumbar spine

LC §4663LC §4664

Summary

Martin Harrington, an equipment operator for the City of Bakersfield, sustained an admitted specific injury on December 4, 2017 to his neck, thoracic spine, and low back. The WCJ awarded 38% permanent disability after applying 20% non-industrial apportionment to the cervical and lumbar spine based on QME pain management specialist Dr. Kamyar Assil's opinion. Applicant sought reconsideration, arguing Dr. Assil's apportionment did not constitute substantial medical evidence. The WCAB agreed, holding that Dr. Assil's apportionment to obesity and age was conclusory and failed to explain how those factors caused the permanent impairment. The Board granted reconsideration and amended the award to 44% permanent disability with no apportionment.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.