JAIME SANCHEZ, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants
ADJ number
ADJ10530086, ADJ10530072
Decision date
Jan 30, 2022
District office
Van Nuys
WCJ
—
Claim administrator
State Compensation Insurance Fund (administering for California Department of Corrections, legally uninsured)
Commissioners
DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER
Injury / body parts: brain/neurocognitive system, psyche, urological system, dysphasia, speech, neck, right elbow, right shoulder, right wrist, right hand, right ankle, right foot, right knee, upper back, lower back, hypertension, coronary artery disease, left shoulder, left knee, heart, cardiovascular system
Applicant Jaime Sanchez, a correctional officer, had two industrial injury cases: a specific injury on June 23, 2016 (ADJ10530072) involving a stroke causing brain/neurocognitive, psyche, urological, dysphasia and speech injuries resulting in permanent total disability, and a cumulative trauma claim (1999-2016, ADJ10530086) involving numerous orthopedic and other body parts found 85% PD. Defendant (CDCR, administered by SCIF) sought reconsideration, disputing the conclusive total disability presumption under Labor Code section 4662(a)(4), and arguing for a single combined Benson award rather than separate awards, and for combining rather than adding impairments. The Board granted reconsideration and found multiple unresolved issues in both cases, including the WCJ's failure to determine all claimed body parts, the binding effect of defendant's stipulation to two distinct injuries, and the adding-versus-combining question. The Board rescinded the ADJ10530086 award entirely, affirmed parts of ADJ10530072 while rescinding the PD and attorney fee findings, and returned both cases to the trial level for further proceedings and new findings.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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