EDUARDO CASELIN HUERTA, Applicant vs. MONTIE WAYNE SHEET METAL; CALIFORNIA INSURANCE COMPANY, Administered By APPLIED RISK SERVICES, INC., Defendants
ADJ number
ADJ11451772
Decision date
Apr 2, 2023
District office
Santa Barbara
WCJ
—
Claim administrator
Applied Risk Services, Inc.
Commissioners
—
Injury / body parts: lumbar spine, urological/bladder, sexual dysfunction
LC §4660.1LC §4663LC §4656
Summary
Applicant Eduardo Caselin Huerta sustained an industrial injury on August 1, 2018 to his lumbar spine, plus sexual dysfunction and urological impairment. The WCJ awarded 104 weeks of temporary disability through August 9, 2020, and found 90% permanent disability by adding (rather than combining via the Combined Values Chart) orthopedic (36%), urological/bladder (41%), and sexual dysfunction (13%) ratings. Defendant sought reconsideration on temporary disability duration, the compensability of sexual dysfunction under Labor Code section 4660.1(c), and the adding versus combining of disability ratings. The Board affirmed the temporary disability finding based on Dr. Kuyt's opinion that applicant could not return to work and was not permanent and stationary on a urological basis until October 26, 2021. However, the Board granted reconsideration and deferred the permanent disability issue, finding the WCJ's reasoning unclear regarding whether he intended to add or combine ratings and noting his misplaced reliance on Hikida for the 4660.1(c) analysis.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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.