LISA MCELLEY, Applicant vs. D.R. HORTON; XL WORKERS’ COMPENSATION, adjusted by GALLAGHER BASSETT, Defendants
ADJ number
ADJ1201899
Decision date
Jan 22, 2023
District office
Oakland
WCJ
Tammy Homen
Claim administrator
Gallagher Bassett (adjusting for XL Workers' Compensation)
Commissioners
—
Injury / body parts: neck, back, right shoulder, left shoulder, right lower extremity, psyche, cognitive disorder, head, face, headache, diet, right hip, right ankle, right knee
LC §4660.1LC §4650
Summary
Lisa McElley, a 60-year-old human resources manager for D.R. Horton, sustained extensive injuries on May 4, 2007, when she was thrown from a horse during a work retreat in Texas, suffering traumatic brain injury, orthopedic injuries, psychiatric/cognitive disorders, and other impairments. The WCJ found her 100% permanently and totally disabled based on medical reports of multiple QMEs/AME, applicant testimony, and the vocational expert report of Scott Simon, finding she had rebutted the scheduled rating under LeBoeuf/Ogilvie/Dahl. Defendant petitioned for reconsideration, arguing the vocational consultant report did not rebut the PDRS and that the 100% award lacked evidentiary support and exceeded the Board's powers. The WCAB granted reconsideration solely to amend Findings of Fact 1 (to add the employer's name) and Finding 2 (to defer the issue of indemnity rate for permanent partial disability), but otherwise affirmed and adopted the WCJ's Report and Opinion. The substantive finding of 100% permanent total disability was upheld.
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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