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Norma Perez — ADJ9607136

NORMA PEREZ, Applicant vs. CUSTOM PRODUCTS MANUFACTURING, insured and administered by EMPLOYERS COMPENSATION INSURANCE COMPANY, Defendants

ADJ number
ADJ9607136
Decision date
Mar 12, 2023
District office
Van Nuys
WCJ
Adam D. Graff
Claim administrator
Employers Compensation Insurance Company
Commissioners
—

Injury / body parts: cervical spine, lumbar spine, bilateral shoulders, psyche, dental, fibromyalgia, upper gastrointestinal tract, irritable bowel syndrome

LC §4659CCR §10670CCR §10803CCR §10775

Summary

Applicant Norma Perez, a sewing machine operator, sustained cumulative trauma injuries to multiple body parts and claimed 100% permanent total disability based on a complete loss of earning capacity under LeBoeuf. The WCJ awarded 100% PTD relying on vocational expert Kelly Winn's reporting, finding that the work restrictions precluding vocational rehabilitation arose from body parts found 100% industrial without apportionment. Defendant petitioned for reconsideration, arguing the WCJ failed to consider non-industrial medical and vocational apportionment and improperly relied on Winn's report (generated without a certified Spanish interpreter). The WCAB adopted the WCJ's Report and Opinion and denied reconsideration, finding the vocational opinion adequately addressed apportionment, that defendant introduced no vocational evidence of its own (repeatedly citing a non-admitted report by Nick Corso), and that no authority required an interpreter where the evaluator spoke the applicant's native language.

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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