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Stella Aldama — ADJ11213667

STELLA ALDAMA, Applicant vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, legally uninsured; administered by STATE COMPENSATION INSURANCE FUND - STATE CONTRACT SERVICES, Defendants

ADJ number
ADJ11213667
Decision date
Oct 13, 2021
District office
Riverside
WCJ
—
Claim administrator
State Compensation Insurance Fund - State Contract Services (administering for legally uninsured State of California Department of Corrections & Rehabilitation)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: ears/hearing, neck, upper back, hands, heart/hypertension, kidneys/chronic kidney disease, lower back, hips, knees, feet, GERD, asthma, sleep disorder, diabetes (claimed, found non-industrial)

LC §3212.2LC §5701LC §5952

Summary

Stella Aldama, a correctional officer, claimed cumulative injury to numerous body parts during her 1990-2017 employment with CDCR. The WCJ found injury AOE/COE to most claimed body parts (including heart/hypertension and kidneys) with 50% permanent disability, but no diabetes injury. Applicant sought reconsideration arguing for separate impairment ratings for kidney disease and hypertensive cardiovascular disease, application of the Labor Code section 3212.2 heart presumption to sleep disorder, diabetes, and kidney disease, and that internal medicine QME Dr. Miller's opinions supported adding rather than combining disability factors. The Board affirmed the F&A but amended it to defer the permanent disability and attorney fee findings, holding that the QME's reports were not substantial evidence on the add-versus-combine issue because he never actually addressed it, and that the record lacked evidence to make an accurate permanent disability finding. The matter was returned to the WCJ to develop the record through an AME or a regular physician appointment.

Issues

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Holding

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