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PanelDenied

Susan Shroll — ADJ12182226, ADJ12329585

SUSAN SHROLL, Applicant vs. SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by ATHENS ADMINISTRATORS, Defendants

ADJ number: ADJ12182226, ADJ12329585
Decision date: Nov 22, 2022
District office: San Luis Obispo
WCJ: John E. Durr
Claim administrator: Athens Administrators
Commissioners: —

Injury / body parts: cervical spine, lumbar spine, left hip

LC §4664LC §4663LC §4658LC §5412

Summary

Applicant Susan Shroll sustained a cumulative trauma injury to her cervical spine, lumbar spine, and left hip ending May 2, 2019, while working as a custodian for the San Luis Coastal Unified School District. The AME rated her overall permanent disability at 35% before apportionment, but the WCJ applied Labor Code section 4664 apportionment by subtracting the 23% permanent disability from a prior 2007 lumbar spine injury, yielding a net 12% award. Applicant argued she should receive the dollar value of a 35% award minus only the dollars previously paid for the 23% award. The Board denied reconsideration, holding that under Brodie v. WCAB, apportionment under section 4664 requires subtraction of permanent disability percentages, not dollar amounts. 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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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.