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PanelDenied

Robert Whitman — ADJ10212890, ADJ10213416, ADJ9415451, ADJ11001646, ADJ11905618

ROBERT WHITMAN, Applicant vs. LOS ANGELES COUNTY, PERMISSIBLY SELF-INSURED, ADMINISTERED BY SEDGWICK CMS, Defendants

ADJ number: ADJ10212890, ADJ10213416, ADJ9415451, ADJ11001646, ADJ11905618
Decision date: Oct 20, 2022
District office: Van Nuys
WCJ: Clint Feddersen
Claim administrator: Sedgwick CMS
Commissioners: —

Injury / body parts: lumbar spine, bilateral knees, hips, shoulders, hearing loss/tinnitus, skin, vision, hernia

LC §4663LC §4664LC §5705LC §3212LC §4660.1LC §4658.7LC §4664(b)LC §4663(e)CCR §10844

Summary

Robert Whitman, a Fire Captain for Los Angeles County, sustained multiple industrial injuries (cumulative trauma and specific injuries to knees, lumbar spine, shoulders, hips, and other body parts). The WCJ awarded an unapportioned 92% permanent disability, disregarding AME Dr. Luciano's apportionment opinions under Labor Code sections 4663 and 4664. Defendant sought reconsideration, arguing the AME's apportionment was substantial evidence and that the WCJ should have credited a prior 17% award under section 4664. The WCAB denied reconsideration, finding the AME's apportionment opinions failed the Escobedo standard because they lacked any explanation of the mechanism or reasoning supporting the chosen percentages, and that defendant failed to prove overlap with the prior award under Kopping. 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.