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Alice Ford — ADJ13431760

ALICE FORD, Applicant vs. NORTH COAST OPPORTUNITIES, INC.; CYPRESS INSURANCE COMPANY, C/O BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ13431760
Decision date
Nov 13, 2022
District office
San Francisco
WCJ
Eugene Gogerman
Claim administrator
Berkshire Hathaway Homestate Companies (for Cypress Insurance Company)
Commissioners
—

Injury / body parts: cervical spine, thoracic spine, lumbar spine, right knee, right shoulder

Summary

Applicant Alice Ford suffered an admitted industrial injury to multiple body parts. The sole dispute at trial concerned the level of permanent partial disability (PPD), specifically whether the QME's Guzman-based rating of the right shoulder (10% WPI, yielding 71% PPD) or a strict AMA Guides rating (4% WPI, yielding 67% PPD) should apply. The WCJ found the QME's Guzman-based right shoulder impairment opinion constituted substantial medical evidence and awarded 71% PPD. Defendants petitioned for reconsideration, arguing the 10% WPI lacked substantial evidentiary support. The WCAB adopted and incorporated the WCJ's report and denied reconsideration.

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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