WCPanelIQ
PanelQMEMed-legalGranted in Part

Jill Weathers (Falasca) — ADJ2024623, ADJ4652674

JILL WEATHERS (FALASCA), Applicant vs. CARDINALE AUTOMOTIVE GROUP; REPUBLIC INDEMNITY COMPANY, and ALLIANZ INSURANCE COMPANY, Defendants

ADJ number
ADJ2024623, ADJ4652674
Decision date
May 23, 2022
District office
Salinas
WCJ
—
Claim administrator
Allianz Insurance Company; Republic Indemnity Company
Commissioners
—

Injury / body parts: right knee, left knee, psyche, complex regional pain syndrome (CRPS)

LC §3208.3LC §4056LC §4062LC §4662LC §5502LC §5900

Summary

Applicant Jill Weathers (Falasca) sustained admitted right knee injuries on July 11, 1995 (insured by Republic) and January 5, 1996 (insured by Allianz) while working as a human resources/payroll employee for Cardinale Automotive Group. The PWCJ found applicant 100% permanently and totally disabled with industrial injury to the right knee, left knee, psyche, and CRPS, apportioning all permanent disability to the 1996 injury under Hikida, and found a compensable psychiatric injury satisfying Labor Code section 3208.3(d). Allianz petitioned for reconsideration challenging the CRPS finding, the 100% PD finding, the apportionment, the psychiatric injury, and seeking application of section 4056 and further record development. The Appeals Board affirmed most of the PWCJ's findings (adopting his Report) but rescinded and deferred the 100% permanent total disability finding in ADJ2024623, concluding Dr. Brose's 2007 AME report was stale and did not adequately translate applicant's pain into ratable factors of disability or explain her non-competitiveness in the labor market. The Board remanded for supplemental reports from Dr. Brose and psychiatric AME Dr. Segal, and possibly an independent vocational expert.

Issues

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Holding

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Analysis

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Defense takeaway

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