WCPanelIQ
PanelQMEMed-legalGranted in Part

Leiva, Pedro

PEDRO LEIVA, Applicant vs. WEBCOR CONSTRUCTION; PROPERTY AND CASUALTY COMPANY OF HARTFORD, administered by THE HARTFORD, Defendants

ADJ number
ADJ11372081
Decision date
Date unavailable
District office
Van Nuys
WCJ
—
Claim administrator
The Hartford (Property and Casualty Insurance Company of Hartford)
Commissioners
CRAIG L. SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: head, headaches, right shoulder, neck/cervical spine, low back/lumbar spine, TMJ, left ear/tinnitus, both eyes, loss of consciousness, psyche, traumatic brain injury, bilateral hearing loss, left wrist, left index finger, left hand

LC §4662LC §4660.1LC §4663LC §4664LC §4660LC §5909LC §5900CCR §10964CCR §10600CCR §10325

Summary

Pedro Leiva, a day laborer, sustained three industrial injuries: a March 28, 2018 specific injury to multiple body parts including head, psyche, and orthopedic regions; a June 1, 2017 specific injury to the left wrist/hand/index finger; and a cumulative bilateral hearing loss injury. The WCJ awarded 80% PD on the 2018 injury after applying 20% nonindustrial apportionment identified by psychiatric AME Dr. Friedman, 14% PD for the 2017 injury, and 0% for the hearing loss. Both parties sought reconsideration over rating methodology and apportionment. The Board granted reconsideration, rejected applicant's section 4662(a)(4) conclusive presumption argument (no profound cognitive compromise), found Dr. Friedman's apportionment was not substantial evidence because it conflated causation of injury with causation of permanent disability and improperly aggregated multiple factors, and amended the 2018 injury award to 100% permanent total disability after eliminating the invalid apportionment.

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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