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Douglas Schaan — ADJ9898989

DOUGLAS SCHAAN, Applicant vs. JERRY THOMPSON & SONS; LIBERTY MUTUAL, Defendants

ADJ number
ADJ9898989
Decision date
Sep 19, 2022
District office
Santa Rosa
WCJ
—
Claim administrator
Liberty Mutual
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: bilateral shoulders, psyche, sleep, sexual dysfunction, hypertension, digestive system, GERD

LC §4660.1LC §3208.3LC §4660LC §4662

Summary

Applicant Douglas Schaan, a painter, sustained a January 8, 2015 cumulative trauma injury to his bilateral shoulders with claimed consequential injuries to GERD, psyche, sleep, sexual dysfunction, hypertension, and digestive system. The WCJ found 74% permanent disability but denied any increase for the psychiatric condition, concluding it was not catastrophic under Labor Code section 4660.1(c)(2)(B). Applicant sought reconsideration, contending he was 100% permanently disabled and that his injury was catastrophic, entitling him to additional psychiatric impairment. Applying the Wilson factors, the Board agreed the injury was not catastrophic, and found that the vocational evidence (which improperly considered the non-includable psychiatric impairment and impermissible non-industrial factors) failed to rebut the scheduled rating. The Board affirmed the F&A.

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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