WCPanelIQ
PanelQMEGranted in Part

Martha Barker — ADJ8446188

MARTHA BARKER, Applicant vs. POMONA UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured; administered by YORK RISK SERVICES, Defendants

ADJ number
ADJ8446188
Decision date
Jan 20, 2022
District office
Los Angeles
WCJ
Penny Barbosa
Claim administrator
York Risk Services
Commissioners
—

Injury / body parts: left knee, low back (lumbar spine), upper gastrointestinal system

LC §3600LC §4600LC §4658

Summary

Applicant, a food service worker, sustained industrial injuries to her left knee, low back, and upper gastrointestinal system. The central dispute was whether her stomach surgery was industrial, given that her use of NSAID medication for her work injury contributed to peptic ulcer disease, which in turn led to a misdiagnosis of cancer and an unnecessary subtotal gastrectomy. The WCJ found the surgery industrial and awarded 22% WPI for the GI injury, with total permanent disability of 40%. On reconsideration, the Board granted solely to correct a clerical error, finding that proper application of the Combined Values Chart to the component ratings (22% GI, 17% lumbar, 6% knee) yielded 39%, not 40%, and otherwise affirmed the WCJ. The Board reasoned that the employer is liable for treatment reasonably required to cure or relieve the effects of an industrial injury, even where nonindustrial conditions or treatment complications are involved.

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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