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Eugene Clancy — ADJ8456662

EUGENE CLANCY, Applicant vs. SAVE MART, Permissibly Self-Insured, Defendant

ADJ number
ADJ8456662
Decision date
Nov 22, 2021
District office
Oakland
WCJ
—
Claim administrator
Save Mart (permissibly self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: low back, psyche, sleep, sexual dysfunction, irritable bowel syndrome, bladder

LC §4660LC §5313

Summary

Eugene Clancy, a stocker for Save Mart (permissibly self-insured), sustained an admitted August 29, 2011 industrial injury to his low back, psyche, sleep, sexual dysfunction, irritable bowel syndrome, and bladder. The WCJ found him permanently totally disabled and awarded lifetime PD indemnity at $487.44 per week. Save Mart petitioned for reconsideration, arguing the WCJ failed to adequately justify the PTD finding and that the applicant's vocational expert opinion was not substantial evidence. The WCAB affirmed the Findings and Award, adopting the WCJ's Report, finding that the vocational evidence from Mr. Malmuth constituted substantial evidence that applicant rebutted the scheduled rating under LeBoeuf, Ogilvie, and Dahl. The Board also granted applicant's petition to augment the record, admitting Dr. Larsen's July 24, 2019 psychiatric AME report as Exhibit 102.

Issues

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Holding

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Analysis

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Defense takeaway

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