WCPanelIQ
PanelQMEMed-legalGranted in Part

Caroline Hardman — ADJ7755855

CAROLINE HARDMAN, Applicant vs. VETERINARY CENTERS OF AMERICA, Defendants

ADJ number
ADJ7755855
Decision date
Oct 20, 2022
District office
Salinas
WCJ
John E. Durr
Claim administrator
Zurich Insurance Company
Commissioners
—

Injury / body parts: back, lower extremities, foot/ankle, left knee, right knee, bladder/urinary incontinence, fecal/anorectal, sexual dysfunction, psyche

LC §3202.5LC §4453LC §4650LC §4656LC §4659LC §4660LC §4661LC §4662LC §4664LC §5705CCR §10325CCR §10844

Summary

Caroline Hardman sustained an admitted September 17, 2008 industrial injury while working as a veterinary technician. The WCJ found her 100% permanently disabled based on vocational expert evidence (Scott Simon) that rebutted the rating schedule, rejected the orthopedic AME's 20% apportionment to subsequent ASPCA employment, and awarded permanent disability indemnity and SAWW/COLA increases. Defendant sought reconsideration challenging apportionment, the indemnity start date, and the SAWW start date. The Appeals Board affirmed the F&A but amended it to set permanent total disability payable at the TTD rate beginning April 17, 2014 (14 days after the last TTD payment on April 16, 2014) with annual SAWW increases commencing January 1, 2015. The Board relied on Brower and Baker to hold that the transition to permanent disability—whether by P&S status or exhaustion of the 104-week TTD cap—triggers COLA the following January 1.

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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