WCPanelIQ
PanelQMEGranted in Part

Katherine Ann Burton — ADJ9022023

KATHERINE ANN BURTON, Applicant vs. MOTEL 6; LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number
ADJ9022023
Decision date
Aug 21, 2022
District office
Salinas
WCJ
—
Claim administrator
Liberty Mutual Insurance Company
Commissioners
—

Injury / body parts: lumbar spine, thoracic spine, left wrist, left hand, gastrointestinal system, xerostomia, opioid induced endocrinopathy

LC §5909LC §4659LC §5101LC §4656LC §5814

Summary

Katherine Ann Burton, a Motel 6 housekeeper, sustained industrial injury on April 15, 2013 to her lumbar spine, thoracic spine, left wrist, left hand, gastrointestinal system, xerostomia, and opioid-induced endocrinopathy. The WCJ found 80% permanent disability, but applicant sought reconsideration arguing the lumbar spine rating should incorporate the QME's range of motion findings, the left wrist should include lifting impairment, and that disparate disabilities should be added rather than combined. The Board granted reconsideration, agreeing the WCJ erred by not using the ROM rating for the lumbar spine (raising it to 41%) and not including loss of lifting capacity for the left wrist (raising it to 15%), but it discovered a computational error in the original CVC calculation. Because of that error, the corrected permanent disability—after applying the higher ratings—was actually 78%, less than the original 80% award. The Board affirmed the use of the Combined Values Chart for the orthopedic, internal, and dental disabilities rather than adding them, and amended the life pension rate to $64.50 per week and deferred the penalty issue.

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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