WCPanelIQ
PanelQMEMed-legalGranted in Part

Ladylyn Cordero — ADJ10451056

LADYLYN CORDERO, Applicant vs. DOLLAR THRIFTY AUTOMOTIVE GROUP (HERTZ CORPORATION); ACE AMERICAN INSURANCE COMPANY, Defendants

ADJ number
ADJ10451056
Decision date
Jun 29, 2022
District office
Marina Del Rey
WCJ
—
Claim administrator
Sedgwick Claims Management Services, Inc. (administering for ACE American Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER

Injury / body parts: right upper extremity, right arm, migraines, left elbow, left arm, left leg, lumbar spine, neurology

LC §4056LC §5502LC §5313CCR §10844

Summary

Applicant Ladylyn Cordero, a sales representative, sustained an industrial slip-and-fall injury on May 12, 2016, with admitted injury to the left elbow, left leg, left arm, and lumbar spine, and disputed injury to the right upper extremity, migraines, and 'neurology.' The WCJ found applicant permanently and totally disabled based on QME and treating physician reporting, and applicant's credible testimony, after concluding that delays in utilization review and inadequate treatment authorization had worsened her condition. Defendant sought reconsideration on multiple grounds including exclusion of defense exhibits, lack of permanent and stationary status, substantial-evidence challenges to the QME and vocational reporting, entitlement to a Labor Code 4056 reduction, and miscalculation of average weekly wages. The Board affirmed the finding of 100% permanent total disability, finding the QME reporting (which rated to 100% without reliance on vocational evidence) substantial. The Board granted reconsideration solely to correct a typographical error in the attorney fee award, amending it from $1,489 to the correct figure of $163,271.55 commuted off the side of the award.

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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