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Efrain Chavarria — ADJ9800707

EFRAIN CHAVARRIA, Applicant vs. STATE OF CALIFORNIA, CAL FIRE; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ9800707
Decision date
Mar 1, 2022
District office
Fresno
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: abdomen, groin, testicular cancer (reproductive system), heart

LC §4660

Summary

Applicant Efrain Chavarria, a CAL FIRE fire apparatus engineer, sustained a cumulative trauma injury ending December 11, 2014 to his abdomen, groin, testicular cancer, and heart. The WCJ found 65% permanent disability, rejecting AME Dr. Alpern's Almaraz-Guzman add-ons for the reproductive injury. On reconsideration, the Appeals Board reversed in part, finding Dr. Alpern's deposition testimony provided substantial evidence rebutting the strict AMA Guides rating, adding 8% WPI for loss of reproductive capacity at a young age and 1% WPI for inability to naturally produce testosterone, resulting in 71% permanent disability. Defendant petitioned for reconsideration, arguing reliance on Cannon was misplaced, that functional loss is already covered by the strict rating, that the AMA values are standardized for age, and that Dr. Alpern failed to explain pre-injury reproductive function relative to population norms. The Board denied reconsideration, finding defendant's arguments unsupported by medical evidence and rebutted by Dr. Alpern's unrebutted AME opinion.

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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