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Natalia Garcia Cano — ADJ11994125

NATALIA GARCIA CANO, Applicant vs. RAMCO ENTERPRISES, permissibly self-insured, administered by INTERCARE HOLDINGS INSURANCE SERVICES, INC., Defendants

ADJ number
ADJ11994125
Decision date
Apr 17, 2022
District office
Salinas
WCJ
—
Claim administrator
Intercare Holdings Insurance Services, Inc.
Commissioners
JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: low back, left knee, left ankle

LC §5952

Summary

Applicant Natalia Garcia Cano, a strawberry picker, sustained admitted injury to her low back, left knee, and left ankle on June 14, 2018. The WCJ found 52% permanent disability using the Combined Values Chart (CVC). Applicant sought reconsideration, arguing the factors of disability should be added rather than combined, resulting in 59% PD. The majority granted reconsideration, finding QME Dr. Cremata's reports and deposition testimony constituted substantial evidence that the lumbar and lower extremity impairments did not overlap and should be added. The Board amended the F&A to find 59% PD and increased the award accordingly. Commissioner Razo dissented, finding the limitations on activities of daily living overlapped and that the CVC should have been used.

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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