WCPanelIQ
PanelMed-legalRemanded

Carriles, Michael

MICHAEL CARRILES, Applicant vs. COUNTY OF LOS ANGELES, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ11290614
Decision date
Jun 28, 2023
District office
Van Nuys
WCJ
—
Claim administrator
Sedgwick Claims Management Services (administering for County of Los Angeles, permissibly self-insured)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, NATALIE PALUGYAI, COMMISSIONER

Injury / body parts: right knee, cervical spine, right shoulder, bilateral wrists, lumbar spine, GERD, hearing loss, tinnitus, actinic keratosis, hernia

LC §5952LC §4663LC §4664LC §5701LC §5906LC §3212LC §5952

Summary

Applicant Michael Carriles, a deputy sheriff, claimed injuries including to his right knee from both a specific June 9, 2013 injury and a cumulative trauma period (1986-2018). AME Dr. Craemer opined that the right knee disability should be apportioned 50% to the 2013 injury and 50% to the cumulative trauma. Applicant sought reconsideration, arguing Dr. Craemer's apportionment opinion was not substantial evidence and that the 2013 injury caused no disability. The Board agreed, finding Dr. Craemer failed to explain the basis for his apportionment, particularly given that the 2013 injury records showed the applicant reached MMI with no disability and returned to full duty. The Board affirmed the F&A but amended it to defer the issues of permanent disability, right knee apportionment, and attorney fees, and remanded for further development of the record.

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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