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Charles Lytle — ADJ8734121

CHARLENE LYTLE, Applicant vs. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA; HARTFORD ACCIDENT & INDEMNITY, ADMINISTERED BY CCMSI, Defendants

ADJ number
ADJ8734121
Decision date
Jul 18, 2022
District office
Anaheim
WCJ
—
Claim administrator
Cannon Cochran Management Services, Inc. (CCMSI)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: cervical spine, lumbar spine, psyche, headaches, bilateral upper extremities, bilateral lower extremities (knees and hips), sleep, incontinence/urology, gastrointestinal

LC §5701LC §5906CCR §10964

Summary

Applicant Charlene Lytle, a claims adjuster, sought reconsideration of an April 25, 2022 F&A that found injury only to her cervical and lumbar spine (with 50% nonindustrial apportionment) and denied psychiatric and other claimed injuries. The WCAB granted reconsideration, finding substantial evidence supported industrial injury to the psyche (dysthymic disorder) based on psychiatric QME Dr. Saint Martin's reporting, and amended the permanent and stationary date to November 3, 2016 per orthopedic QME Dr. Peters. The Board ordered development of the record regarding internal medicine and urology complaints and deferred issues of permanent disability, apportionment, and attorney's fees. The Board also declined to accept defendant's improper supplemental petition under WCAB Rule 10964(a). While deferring apportionment, the Board noted that apportionment opinions must satisfy the Escobedo substantial evidence standard.

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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