WCPanelIQ
PanelMed-legalDenied

Wendy Collie — ADJ2554534

WENDY COLLIE, Applicant vs. STATE OF CALIFORNIA, EMPLOYMENT DEVELOPMENT DEPARTMENT, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ2554534
Decision date
Jan 2, 2023
District office
Anaheim
WCJ
—
Claim administrator
State Compensation Insurance Fund (administering for State of California, Employment Development Department, legally uninsured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: lumbar spine, cervical spine, left shoulder, right hip, right knee, psyche, irritable bowel syndrome (IBS), chronic pain syndrome, headaches/migraines, sleep disorder

LC §5909LC §3600LC §3202.5LC §5903LC §5952LC §4660LC §4662LC §4663LC §5705LC §5705LC §4660LC §4662

Summary

Wendy Collie sustained an industrial injury on March 15, 2002 while employed as an employment program representative by the EDD, resulting in injuries to her lumbar spine, cervical spine, left shoulder, right hip, right knee, psyche, IBS, and chronic pain syndrome. The WCJ found applicant permanently totally disabled with no basis for apportionment, having rebutted the 71% scheduled rating through vocational evidence. Defendant sought reconsideration, arguing the WCJ improperly applied the 6th Edition AMA Guides to find chronic pain syndrome, ignored applicant's credibility issues from sub rosa video, relied on non-substantial vocational evidence, and improperly disregarded the AMEs' apportionment opinions. The Board denied reconsideration, finding substantial medical evidence (from the PTP Dr. Grabow and psychiatric AME Dr. Frank) supported the chronic pain syndrome diagnosis, the vocational evidence supported permanent total disability, and the apportionment opinions of Drs. Danzig and Frank were not substantial evidence because they failed to explain the nature and causal mechanism of the apportioned non-industrial factors.

Issues

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Holding

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Analysis

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