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Deeann Souza — ADJ10711318, ADJ10711319

DEEANN SOUZA, Applicant vs. CALIFORNIA DEPARTMENT OF STATE HOSPITALS - ATASCADERO, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ10711318, ADJ10711319
Decision date: Oct 21, 2021
District office: San Luis Obispo
WCJ: —
Claim administrator: State Compensation Insurance Fund (administering for California Department of State Hospitals - Atascadero, legally uninsured)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: psyche, cervical spine, lumbar spine, coccyx/hips, right shoulder, left shoulder

LC §4656

Summary

Applicant Deeann Souza sustained a specific orthopedic/psychiatric injury on September 27, 2016 (ADJ10711319) and claimed a separate cumulative trauma psychiatric/right shoulder injury through November 2, 2016 (ADJ10711318). The WCJ found applicant temporarily totally disabled and awarded an additional 17 days of TDI. Applicant sought reconsideration arguing she was entitled to a separate 104-week TDI award for each of her two injuries. The Board denied reconsideration, holding that under Labor Code section 4656(c)(2) and Foster v. WCAB, where separate injuries cause concurrent or overlapping periods of temporary disability, the 104-week limitation periods run concurrently rather than aggregating. Because QME Dr. Barnett attributed the ongoing psychiatric TTD to both injuries simultaneously, the disability periods overlapped and applicant had already received the statutory maximum.

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.