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Jason Wuest — ADJ12059744

JASON WUEST, Applicant vs. KERN COUNTY SUPERINTENDENT OF SCHOOLS, permissibly self-insured, administered by SELF-INSURED SCHOOLS OF CALIFORNIA, Defendants

ADJ number: ADJ12059744
Decision date: Feb 16, 2023
District office: Bakersfield
WCJ: —
Claim administrator: Self-Insured Schools of California (administrator for Kern County Superintendent of Schools, permissibly self-insured)
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: cervical spine, left shoulder, left elbow

Summary

Applicant, a teacher, claimed industrial injury to his cervical spine, left shoulder, and left elbow on September 22, 2017. The WCJ found AOE/COE injury to all three body parts and awarded 28% permanent disability based on the reports of orthopedic QME Dr. Peter Newton, who rated 15% WPI using both shoulder weakness and loss of motion, grip loss for the elbow, and a compensable-consequence neck injury. Defendant sought reconsideration arguing Dr. Newton's reports were not substantial evidence, that PTP Dr. Sall's reports should control, and that applicant failed to prove the compensable-consequence neck claim. The Board denied reconsideration, finding Dr. Newton's reports thorough, well-reasoned, and more persuasive than Dr. Sall's, and that the neck injury was a compensable consequence of the upper-extremity injury.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.