WCPanelIQ
PanelMed-legalGranted in Part

William Garrison — ADJ11220615, ADJ11220621

WILLIAM GARRISON, Applicant vs. COUNTY OF LOS ANGELES, PERMISSIBLY SELF-INSURED; ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ11220615, ADJ11220621
Decision date
Mar 19, 2023
District office
Van Nuys
WCJ
—
Claim administrator
Sedgwick Claims Management Services (administering for permissibly self-insured County of Los Angeles)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, PATRICIA A. GARCIA, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: skin, psyche, knees, low back, colon, hernia, hearing loss, anal leakage/fecal incontinence, anemia, right knee, tinnitus

LC §4660.1LC §4663LC §5903LC §5952LC §4659LC §4850

Summary

Firefighter William Garrison sustained multiple industrial injuries, most significantly ulcerative colitis requiring colectomy, along with orthopedic, dermatologic, psychiatric, and hearing conditions. The WCJ found applicant permanently and totally disabled without apportionment, relying on applicant's vocational expert who concluded applicant could not benefit from vocational rehabilitation due primarily to the sequelae of his colon removal surgery. Defendant sought reconsideration, arguing the vocational expert's reporting was not substantial evidence and that the WCJ failed to consider Dr. Green's 20% nonindustrial apportionment to preexisting rheumatoid arthritis. The Board affirmed the unapportioned 100% PTD award, finding applicant's vocational expert (Reyes) more persuasive than defendant's (Winn), whose analysis failed to consider non-orthopedic work restrictions. The Board held Dr. Green's apportionment did not constitute substantial evidence because it failed to explain how preexisting rheumatoid arthritis caused permanent disability at the time of evaluation, where the residual impairment derived from surgical complications. The Board granted reconsideration only to defer the permanent disability commencement date and associated COLA benefits.

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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