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Kristina Field — ADJ10175606

KRISTINA FIELD, Applicant vs. L. BRAND, INC./VICTORIA SECRET, Permissibly Self-Insured; SANTA ROSA GOLF AND COUNTRY CLUB/CLUBCORP USA, INC.; SAFETY NATIONAL CASUALTY CORPORATION, Defendants

ADJ number: ADJ10175606
Decision date: Aug 15, 2022
District office: Santa Rosa
WCJ: —
Claim administrator: L. Brand, Inc./Victoria's Secret (Permissibly Self-Insured); Safety National Casualty Corporation
Commissioners: —

Injury / body parts: bilateral feet, right ankle, low back/lumbar spine, right hip, right knee

LC §5909LC §4663LC §5500.5LC §3208.1

Summary

Applicant Kristina Field, a retail manager who sustained a cumulative trauma injury ending July 15, 2013, was found to have permanent total disability (100%) and need for further medical treatment, with industrial injury to feet, right ankle, low back, right hip and right knee. Defendant Victoria's Secret sought reconsideration, arguing the WCJ erred in finding permanent total disability based on vocational evidence rather than orthopedic PQME Dr. Wolfson's 43% WPI rating, and in finding injury to the right hip and right knee. The Board affirmed the PTD award based on the vocational report of Scott Simon, which rebutted the AMA Guides rating. The Board declined to adopt Dr. Wolfson's apportionment analysis, finding it did not constitute substantial medical evidence because he failed to explain how preexisting back pathology contributed to permanent impairment, thereby entitling applicant to an unapportioned award. The Petition was denied.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.