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PanelDenied

Soormi, Youarash

YOUARASH SOORMI, Applicant vs. FOSTER FARMS, PERMISSIBLY SELF-INSURED; ADMINISTERED BY GALLAGHER BASSETT, Defendants

ADJ number: ADJ12546390
Decision date: Jun 18, 2023
District office: Sacramento
WCJ: Eric Ledger
Claim administrator: Gallagher Bassett
Commissioners: —

Injury / body parts: right hand, right index finger, right long/middle finger, right ring finger, right small finger, dominant upper extremity

LC §4660.1LC §4662LC §4663LC §4664LC §4751LC §1171.5

Summary

Applicant Youarash Soormi, an unskilled laborer and machine operator at Foster Farms, suffered a crushing/burn injury to his dominant right hand and fingers on August 22, 2019, leading to multiple fractures and chronic regional pain syndrome. The WCJ found him 100% permanently totally disabled based on the AME's report (Dr. Gordon, who found the injury 100% industrial with no apportionment) and the vocational report of Enrique Vega. Defendant petitioned for reconsideration arguing the WCJ failed to analyze whether applicant's inability to rehabilitate was due to nonindustrial factors—his ethnic origin, immigration status, and inability to speak English. The WCJ rejected defendant's vocational expert (Scott Simon) as not substantial evidence because it was conclusory, internally contradictory, and ignored the impact of the loss of use of the dominant hand. The WCAB adopted and incorporated the WCJ's report and denied reconsideration.

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.