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Victor Valdez — ADJ8566293

VICTOR VALDEZ, Applicant vs. LOS ANGELES COUNTY PROBATION DEPARTMENT, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ8566293
Decision date
Sep 27, 2022
District office
Van Nuys
WCJ
—
Claim administrator
Sedgwick Claims Management Services (for permissibly self-insured Los Angeles County Probation Department)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: cervical spine, thoracic spine, right shoulder, right hand, psyche, dyspepsia (gastrointestinal), headaches, hypertension (aggravation), diabetes (aggravation)

LC §4605LC §4650LC §4661

Summary

Applicant Victor Valdez, a Los Angeles County Probation group supervisor, sustained an industrial injury on July 6, 2011, settling initially at 66% permanent disability based on AME/QME reports. After petitions to reopen and revision shoulder surgery that left him worse off, the WCJ found applicant permanently totally (100%) disabled, with PTD indemnity commencing October 21, 2015. Defendant sought reconsideration, arguing the medical record showed applicant could work, that symptoms from treatment provided outside the workers' comp system (Kaiser) were non-industrial, that its vocational expert identified employable areas, and that PTD payments should begin January 29, 2018. The Board affirmed the F&A, holding that medical treatment consequences are compensable under Hikida regardless of who provides treatment, that the applicant's vocational expert was more persuasive, and that PTD indemnity is retroactive to the original P&S date under Brower. The Board amended only Finding of Fact 5 to clarify the attorney fee calculation netting the prior award.

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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