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PanelMed-legalGranted in Part

Ochoa, Ventura

VENTURA OCHOA, Applicant vs. FOUNDATION CONSTRUCTORS, INC., and STARR INDEMNITY & LIABILITY COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ10464344
Decision date: Jun 22, 2023
District office: Oakland
WCJ: —
Claim administrator: Sedgwick Claims Management Services (administering for Starr Indemnity & Liability Company)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, NATALIE PALUGYAI, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: left foot, low back (lumbar spine)

LC §5903LC §5952LC §5705LC §5502LC §5701LC §5906LC §4660

Summary

Applicant Ventura Ochoa, a welder/pile driver, claimed injury to his left foot and low back (as a compensable consequence of the foot injury) on October 27, 2015. The WCJ found 48% permanent disability using occupational group 370 and apportioned 20% of the low back disability to non-industrial degenerative changes per AME Dr. Gravina. The WCAB, after reconsideration, affirmed in part but held that Dr. Gravina's apportionment opinion was not substantial evidence because he failed to provide the 'how and why' analysis required by Escobedo, and that vocational expert Frank Diaz's report did not constitute substantial evidence of 100% disability. The Board affirmed the use of the Combined Values Chart over a Kite addition of disabilities, but deferred the percentage of permanent disability, the proper occupational group number, and attorney fees, remanding for development of the record on the physical demands of applicant's work.

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.