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PanelQMEMed-legalDenied

Linda Sather — ADJ1427412

LINDA SATHER, Applicant vs. COTTAGE HOSPITAL, permissibly self-insured; adjusted by SEDGWICK CMS, Defendants

ADJ number: ADJ1427412
Decision date: Apr 10, 2022
District office: Oxnard
WCJ: —
Claim administrator: Sedgwick CMS (for permissibly self-insured Cottage Hospital)
Commissioners: DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: right small finger (right fifth finger), right upper extremity

LC §5903LC §4664CCR §10843CCR §10166CCR §10166(b)

Summary

Applicant Linda Sather sustained an admitted specific injury on September 29, 2020 to her right small (fifth) finger from an electrical shock while working at Cottage Hospital. She had a prior April 2, 2018 injury to the same finger resolved by Stipulation with Request for Award for 3% PD. Following a panel QME (Dr. Bashner) report finding 4% WPI and 100% apportionment to the current injury, the WCJ awarded an un-apportioned 9% PD. Defendant petitioned for reconsideration arguing the conclusive presumption of apportionment under Labor Code section 4664 required reduction for the prior award. The WCAB denied reconsideration, adopting the WCJ's report, holding that defendant failed to prove overlap of the disability factors as required by Kopping, and that the consultative rating defendant relied on was inadmissible.

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.

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.