WCPanelIQ
PanelQMEMed-legalRemanded

Gist, Darlene

DARLENE GIST, Applicant vs. COUNTY OF LOS ANGELES; permissibly self-insured, administered by SEDGWICK, Defendants

ADJ number
ADJ11140372
Decision date
Sep 26, 2023
District office
Long Beach
WCJ
John A. Siqueiros
Claim administrator
Sedgwick Claims Management Services, Inc.
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: both elbows, both hands, wrists, fingers, dental/face, cervical spine, lumbar spine, respiratory system, headaches, gastrointestinal system, psyche, cognitive impairment, sleep disorder, left hip, right ear, memory loss

LC §5412LC §4660.1LC §4622

Summary

Applicant Darlene Gist filed multiple claims against the County of Los Angeles for injuries to numerous body parts arising from a specific injury (July 29, 2015) and disputed cumulative trauma periods. The WCJ issued a combined 76% permanent disability award without Benson apportionment between the specific and cumulative injuries, finding the injuries 'inextricably intertwined' and the correct CT period ended March 31, 2009. Defendant sought reconsideration arguing for separate awards, a later CT date (ending 2017) that would bar psyche PD under Section 4660.1(c)(1), and DEU error on psyche WPI; applicant argued for a higher award by rejecting nonindustrial psyche apportionment. The WCJ's own report recommended vacating the award because the medical record was insufficient to resolve the complex CT period, Benson apportionment, and separate respiratory injury issues. The Appeals Board adopted the WCJ's report, rescinded the June 17, 2022 decision, and remanded for further development of the record.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.