JULIE WILSON, Applicant vs. TAILORED BRANDS, INC.; SAFETY NATIONAL CASUALTY CORPORATION, administered by GALLAGHER BASSETT, Defendants
ADJ number
ADJ10804535
Decision date
Sep 6, 2022
District office
Oakland
WCJ
Thomas J. Russell, Jr.
Claim administrator
Gallagher Bassett (administering for Safety National Casualty Corporation)
Commissioners
—
Injury / body parts: low back, bilateral hands, bilateral wrists, left leg, ribs (left side, resolved)
LC §5952CCR §10961CCR §10945
Summary
Julie Wilson, a Jos. A. Bank men's clothing store manager, sustained an accepted low back injury on October 15, 2014, and bilateral hand/wrist injuries as a compensable consequence of a fall caused by a buckled leg following back surgery. Based on AME orthopedist Dr. Steven Isono's reporting, the WCJ issued an Amended F&A finding 64% permanent disability, applying occupational group 360 (merchandiser) under the dual occupation rule, an Almaraz/Guzman rating for the upper extremities, and a Kite addition of upper extremity and low back impairments. Defendant sought reconsideration arguing the 360 group was erroneous and that the AME's Almaraz/Guzman and Kite opinions were not substantial medical evidence. The WCJ recommended denial, finding the applicant credibly testified merchandising was integral to her job and that Dr. Isono adequately explained his rationale under Escobedo. The WCAB panel adopted and incorporated the WCJ's report, gave great weight to the WCJ's credibility determination under Garza, and denied reconsideration.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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