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PanelQMEGranted

Hernandez, Roberta

ROBERTA HERNANDEZ, Applicant vs. VENTURA POST ACUTE; STARSTONE NATIONAL INSURANCE COMPANY, Administered By CANNON COCHRAN MANAGEMENT SERVICES, INC., Defendants

ADJ number: ADJ13064691
Decision date: May 11, 2023
District office: Oxnard
WCJ: —
Claim administrator: Cannon Cochran Management Services, Inc. (administering for StarStone National Insurance Company)
Commissioners: —

Injury / body parts: back

LC §4660.1

Summary

Roberta Hernandez sustained an industrial back injury on August 21, 2019 while working as a medical records director. The WCJ found 45% permanent partial disability and rejected applicant's vocational evidence claiming permanent total disability. On reconsideration, the WCAB majority found applicant's vocational expert (P. Steve Ramirez) persuasive that her work restrictions—including a preclusion from any bending, stooping, or twisting, lifting over 5 pounds, and a maximum 4-hour workday—rendered her unemployable and not amenable to vocational rehabilitation under LeBoeuf and Ogilvie. The Board amended the decision to find permanent total (100%) disability, deferred indemnity calculation and attorney's fees, and rejected apportionment because the treating QME tied the work restrictions entirely to the industrial injury. Commissioner Razo dissented, arguing the vocational expert took an unreasonably restrictive view of Dr. Grossman's restrictions and that chronic pain was already accounted for in the AMA Guides ratings.

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.