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Craig Minniefield — ADJ11198797

CRAIG MINNIEFIELD, Applicant vs. STATE OF CALIFORNIA - DEPARTMENT OF CORRECTIONS INMATE CLAIMS, legally uninsured; administered by STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Defendants

ADJ number: ADJ11198797
Decision date: Dec 2, 2021
District office: Sacramento
WCJ: Ariel Aldrich
Claim administrator: State Compensation Insurance Fund / State Contract Services (administering State of California - Department of Corrections Inmate Claims, legally uninsured)
Commissioners: —

Injury / body parts: left shoulder

Summary

Applicant Craig Minniefield, an inmate laborer, sustained an accepted left shoulder injury on December 28, 2014 and underwent shoulder surgery. QME Dr. Nicole Chitnis assigned impairment based on combined range of motion, distal clavicle resection, and loss of strength, yielding 44% PD. Defendant successfully obtained reconsideration on the basis that this combination violated the AMA Guides and Dr. Chitnis failed to properly support an Almaraz/Guzman departure. After a deposition and second trial, the WCJ awarded 33% PD based on a strict rating. Applicant sought reconsideration arguing for 44% PD, but the Board denied reconsideration, finding Dr. Chitnis' deposition testimony (that she had 'always done that' for ten years) did not constitute substantial evidence supporting an Almaraz/Guzman alternative rating.

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.

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.