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PanelQMEGranted in Part

Aurora Morales — ADJ7383708

AURORA MORALES, Applicant vs. AO-CAL POLY CORPORATION, Permissibly Self-Insured, Administered By SEGWICK CLAIMS MANAGEMENT, INC., Defendant

ADJ number: ADJ7383708
Decision date: Jan 10, 2022
District office: San Luis Obispo
WCJ: —
Claim administrator: Sedgwick Claims Management, Inc.
Commissioners: —

Injury / body parts: left knee, cervical spine, lumbar spine, right shoulder, psyche, stomach, face, chin

LC §4658LC §4660LC §3208.3LC §139.2LC §4650

Summary

Aurora Morales, a cook, sustained an industrial injury on November 5, 2008 to multiple body parts including her psyche. The WCJ found 64% permanent disability but denied a Labor Code section 4658(d) increase based on a belief that applicant had voluntarily left employment. On reconsideration, the Board granted the petition and amended the decision to award a 15% increase under section 4658(d)(2), holding that an employer must make a qualifying offer of work even where the worker has retired. The Board affirmed the WCJ's rejection of the psychiatric QME's recommendations to add (rather than combine) impairments under Kite, her alternate non-GAF rating, and her 3% pain add-on, all of which were found not to constitute substantial medical evidence. The Board also added an omitted Award and corrected the average weekly wage calculation.

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.