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Clemencia Canela — ADJ11066092

CLEMENCIA CANELA, Applicant vs. COUNTY OF SACRAMENTO, permissibly self-insured; administered by COUNTY OF SACRAMENTO WORKERS’ COMPENSATION, Defendants

ADJ number: ADJ11066092
Decision date: May 8, 2022
District office: Sacramento
WCJ: Christopher M. Brown
Claim administrator: County of Sacramento Workers' Compensation (permissibly self-insured)
Commissioners: —

Injury / body parts: left ankle, kidneys

LC §5903LC §3202.5LC §5705LC §4604LC §3715CCR §10330

Summary

Applicant Clemencia Canela, a 69-year-old Human Service Specialist II, suffered an admitted industrial left ankle injury on June 15, 2017, with resulting kidney damage as a compensable consequence from chronic Ibuprofen use. The dispute centered on the competing medical opinions of PQME Dr. Manijeh Ryan (28% WPI based on Table 17-5 gait derangement for use of cane and AFO) versus treating physician Dr. Timmy Thomas (3% WPI based on range of motion). The WCJ found Dr. Ryan's report constituted substantial medical evidence and rejected Dr. Thomas's reports as insubstantial because he disregarded the applicable Table 17-5 and based apportionment on speculation. The WCJ found 48% combined permanent partial disability (40% ankle, 13% apportioned kidney). The WCAB denied defendant's Petition for Reconsideration, adopting and incorporating the WCJ's Report and Opinion on Decision.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.