WCPanelIQ
PanelQMEMed-legalGranted in Part

Mohamed Madow — ADJ4345384

MOHAMED MADOW, Applicant vs. HERTZ CORPORATION and ACE AMERICAN INSURANCE COMPANY administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number
ADJ4345384
Decision date
Sep 5, 2022
District office
San Diego District Office
WCJ
—
Claim administrator
Sedgwick Claims Management Services, Inc. (administering ACE American Insurance Company)
Commissioners
PATRICIA A. GARCIA, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: neck, left shoulder, left elbow, left forearm, left wrist, right shoulder, psyche, heart, upper gastrointestinal system, lower gastrointestinal system, skin (dermatitis)

LC §5313LC §4650CCR §10075CCR §10844

Summary

Applicant Mohamed Madow sustained an industrial injury on July 2, 2006, while working as an auto detailer for Hertz Corporation, with accepted injuries to multiple body parts. The WCJ found applicant 100% permanently totally disabled based on the credible testimony of applicant and the vocational expert reports of Mark Remas. Defendant sought reconsideration, challenging the substantiality of Remas's reports, the future medical award for back and bilateral below-the-knee amputations, the attorney fee commutation, and various clerical errors. The Board granted reconsideration, rescinded the F&A, and substituted a new F&A affirming the 100% PD finding while correcting clerical errors—including removing the back and bilateral leg amputations from the injury and treatment findings and stipulating earnings of $535.31 per week. The Board found Remas's reports substantial evidence rebutting the rating schedule and found defendant's vocational expert (Kelly Winn) unpersuasive because she minimized the QME-described severe limitations.

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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