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Arleen Keteles — ADJ13757266, ADJ13757284

ARLEEN KETELES, Applicant vs. COUNTY OF ALAMEDA, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ13757266, ADJ13757284
Decision date
Jan 30, 2023
District office
Oakland
WCJ
Terri Ellen Gordon
Claim administrator
Sedgwick Claims Management Services (also referenced as York Risk Services Group, Inc., a Sedgwick Company)
Commissioners
—

Injury / body parts: right thumb, right wrist, right elbow, right upper extremity nerves, left wrist

LC §5313LC §5902CCR §10500

Summary

Applicant, a sheriff technician for the County of Alameda, claimed a cumulative trauma injury from December 2017 through January 2018 to her right thumb, right wrist, right elbow, right upper extremity nerves, and left wrist. PQME Dr. Brose found 37% WPI with no apportionment, and the DEU rater issued an amended formal rating of 70% permanent disability based on the WCJ's instructions. Defendant sought reconsideration, arguing the F&A failed to comply with Labor Code section 5313 and that Dr. Brose's opinions were inconsistent with the AMA Guides and not substantial evidence, relying on the testimony of its private rater Brittany Dayes. The WCAB denied reconsideration, adopting the WCJ's Report, finding that Dr. Brose adequately explained his impairment ratings and that the defendant's private rater—who had no medical training—could not substitute her lay judgment on medical issues for the physician's opinion.

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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