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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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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