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Lo Ching Ziegler — ADJ9866040, ADJ9866066, ADJ10402819

LO CHING ZIEGLER, Applicant vs. CALPERS; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ9866040, ADJ9866066, ADJ10402819
Decision date
Apr 4, 2022
District office
Los Angeles
WCJ
Lori Alison Holmes
Claim administrator
State Compensation Insurance Fund (administering for CalPERS)
Commissioners
—

Injury / body parts: bilateral knees, right knee, neck/cervical spine, low back/lumbar spine, right wrist/hand (carpal tunnel), fibromyalgia, hypertension, GERD/IBS (upper digestive tract and colon), psyche, sleep disorder, chronic pain, cognitive impairment, neurologic impairment

LC §4664LC §5705

Summary

Applicant Lo Ching Ziegler, a Planning Specialist for CalPERS, sustained admitted specific and cumulative trauma injuries to multiple body parts and developed fibromyalgia, hypertension, GERD/IBS, and psychiatric/cognitive conditions. The WCJ found a separate compensable specific injury to both knees on November 19, 2014 (ADJ10402819) with no permanent disability, found applicant 100% permanently totally disabled based on the combined specific and cumulative trauma injuries, and issued a single combined award. Defendant State Compensation Insurance Fund, administering for CalPERS, petitioned for reconsideration challenging the AOE/COE finding for the knee injury, the 100% PD award, the merging of cases into one award, and reliance on the vocational report of Antonio Reyes over Robert Liebman. The WCAB adopted and incorporated the WCJ's report and denied reconsideration. The Board upheld the use of a combined unapportioned award based on Benson and Hikida because the fibromyalgia and related conditions developed from both injuries combined and could not be apportioned.

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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