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Debra Anderson — ADJ8581600

DEBRA ANDERSON, Applicant vs. HERITAGE PROVIDER NETWORK; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

ADJ number
ADJ8581600
Decision date
Feb 28, 2022
District office
Los Angeles
WCJ
Desirae L. Hutchison
Claim administrator
Travelers Property Casualty Company of America
Commissioners
—

Injury / body parts: right shoulder, right elbow, right hand, cervical spine (soft tissue), left shoulder

LC §4662LC §3202.5

Summary

Debra Anderson, an outpatient nurse case manager, sustained an admitted cumulative trauma injury to her right shoulder, right elbow, right hand, cervical soft tissue, and left shoulder over a three-year employment period. The WCJ awarded 55% permanent disability after applying KITE and apportionment based on AME Bruce Fishman's reporting. Applicant petitioned for reconsideration, arguing she was totally and permanently disabled under Labor Code section 4662(a)(2) for loss of use of both hands, and that her vocational expert Laura Wilson rebutted the rating schedule. The WCAB denied reconsideration, adopting the WCJ's report finding that applicant's own testimony showed retained hand function and that Wilson's report relied on the wrong job classification (general nurse vs. nurse case manager) and improperly considered psyche factors not in the case. The Board emphasized the AME's neutrality and expertise and found her work restrictions did not support total disability.

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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