CHRISTINA HIRSCH, Applicant vs. PHYSICIANS FOR HEALTHY HOSPITALS; ARCH INSURANCE COMPANY HEALTHCARE, INC., Defendants
ADJ number
ADJ12933120
Decision date
Mar 8, 2023
District office
Riverside
WCJ
Eric Yee
Claim administrator
Arch Insurance Company Healthcare, Inc.
Commissioners
—
Injury / body parts: right thumb, skin, upper extremities, lower extremities, psyche, sleep, nervous system
LC §3202.5LC §5705LC §5813LC §5903LC §5952
Summary
Applicant, a nurse, sustained an admitted right thumb laceration on February 26, 2019 while shaving a patient for an EKG. The wound was treated with silver nitrate (causing a burn) and then Bactrim, to which she had a severe allergic reaction resulting in allergic dermatitis, CRPS, and chronic pain, leaving her permanently and totally disabled. The WCJ found 100% PTD without apportionment, relying on pain management physicians Dr. Chang and QME Dr. Miller, and added the pain and dermatological impairments under Kite. Defendant sought reconsideration arguing closure of discovery violated due process, the vocational reporting failed to account for apportionment, and the impairments should be combined rather than added. The WCAB denied reconsideration, holding that under Hikida disability flowing from industrial medical treatment is not subject to apportionment, and dismissed the related removal petition as moot.
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.
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