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Cecilia Harshman — ADJ10360370

CECILIA HARSHMAN, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured, admin. by STATE COMPENSATION INSURANCE FUND, Defendant

ADJ number
ADJ10360370
Decision date
Nov 21, 2021
District office
Oakland
WCJ
—
Claim administrator
State Compensation Insurance Fund (administering for State of California, Department of Corrections and Rehabilitation, legally uninsured)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck, bilateral shoulders, foot/toe, right side rib, GERD, diabetes, psyche, sleep

LC §4663LC §4664

Summary

Cecilia Harshman, a San Quentin academic teacher, sustained an admitted January 9, 2014 industrial injury (slip and fall) causing orthopedic injuries that led to deconditioning, which aggravated her pre-existing diabetes mellitus, ultimately resulting in toe amputations, diabetic amyotrophy/neuropathy, and wheelchair dependence. The WCJ found 100% permanent disability based on wheelchair dependence (80% WPI rating from gait derangement) without apportionment, concluding the QMEs' apportionment opinions were not substantial medical evidence. Defendant sought reconsideration, arguing the medical record supported apportioning the diabetic disability and that lack of prior diabetes disability was irrelevant under current apportionment standards. The Board affirmed and denied reconsideration, holding that both Dr. Duhan's and Dr. Mahawar's apportionment opinions failed Escobedo standards because they apportioned to the cause of injury rather than the cause of the current disability.

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