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Renee Bracy — ADJ13149806

RENEE BRACY, Applicant vs. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH, PERMISSIBLY SELF-INSURED ADMINISTERED BY SEDGWICK, Defendants

ADJ number
ADJ13149806
Decision date
Feb 6, 2023
District office
Anaheim
WCJ
Nancy M. Gordon
Claim administrator
Sedgwick Claims Management, Inc. (administering County of Los Angeles Department of Public Health, permissibly self-insured)
Commissioners
—

Injury / body parts: cervical spine, lumbar spine, hands, wrists, left ankle, fibromyalgia (cognitive dysfunction and sleep/arousal disorder)

Summary

Applicant Renee Bracy sustained an industrial injury on 7/20/2018 to her cervical spine, lumbar spine, hands, wrists, left ankle, and fibromyalgia while working as an Assistant Health Program Coordinator. The WCJ awarded 82% permanent disability, following AME Dr. Stuart Silverman's opinion that the cognitive dysfunction and sleep/arousal disabilities arising from fibromyalgia should be added, rather than combined, to the combined orthopedic disabilities. Defendant sought reconsideration, arguing Dr. Silverman's opinion was conclusory and unexplained. The WCAB denied reconsideration, finding Dr. Silverman provided a reasonably articulated medical basis—that the impairments stemmed from different physiologies and had a synergistic effect—consistent with Athens Administrators v. WCAB (Kite). The Board adopted and incorporated the WCJ's report.

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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