WCPanelIQ
PanelQMEMed-legalLienRemanded

Gunnoe, Amy

AMY GUNNOE, Applicant vs. BEST BUY; XL INSURANCE, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ9447334
Decision date
Nov 28, 2021
District office
Van Nuys
WCJ
—
Claim administrator
Sedgwick Claims Management Services (administering XL Insurance)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: head, neck, back, psyche, brain (traumatic brain injury)

LC §4660.1LC §4662LC §5900

Summary

Amy Gunnoe, a Best Buy VP of Marketing, slipped and fell backwards at an awards dinner on May 5, 2013, striking her head on concrete and sustaining injury to her head, neck, back and psyche. The WCJ found applicant permanently and totally disabled, relying on vocational expert Paul Broadus who concluded she was not amenable to rehabilitation, and awarded 104 weeks of TTD, EDD lien reimbursement, and a $317,178.59 attorney fee. The Appeals Board affirmed the findings on injury and temporary disability but returned the matter for further proceedings on permanent disability, apportionment, the EDD lien, and attorney fees. The Board held the WCJ must determine whether the psychiatric impairment was directly caused by an event of employment (which would exempt it from section 4660.1(c)'s no-increase proscription) or qualified as a catastrophic/severe head injury, and must revisit apportionment because Broadus improperly substituted 'vocational apportionment' for valid medical apportionment found by Dr. Hatch, contrary to Nunes.

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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