WCPanelIQ
PanelMed-legalRemanded

Jeanette Chamorro — ADJ10793276, ADJ10870183

JEANETTE CHAMORRO, Applicant vs. SAPUTO CHEESE USA, INC.; QBE STONINGTON INSURANCE, administered by SEDGWICK; ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number
ADJ10793276, ADJ10870183
Decision date
May 5, 2022
District office
Santa Ana
WCJ
—
Claim administrator
Sedgwick (administering QBE Stonington Insurance); Zurich American Insurance Company
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: arms, hands, fingers, upper extremities, thumbs, lumbar spine, right shoulder, bilateral wrists, cervical spine

LC §3208.1LC §3208.2LC §5303LC §5412LC §5500.5LC §5500.6LC §4750LC §4663LC §5701LC §5906

Summary

Applicant Jeanette Chamorro, a cheese packer, filed two claims: a cumulative trauma injury (ADJ10793276) to her upper extremities/hands and a second cumulative trauma injury (ADJ10870183) to her lumbar spine, right shoulder, wrists, cervical spine, and hands. The WCJ found 41% permanent total disability with all PD attributed solely to the second CT injury, plus TD and future medical care. Both Stonington and Zurich sought reconsideration, with Stonington challenging the attribution of all PD to the second injury and Zurich seeking an EDD credit. The Board, after granting reconsideration, rescinded the June 1, 2020 Joint Findings, Award and Order and returned the matter to the trial level because the medical record was not adequately developed on the threshold issue of whether there were one or two cumulative trauma injuries and on Benson apportionment. The Board also criticized the earlier piecemeal August 19, 2019 decision for creating confusion regarding dates of injury and failing to address date of knowledge and first date of disability under section 5412.

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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