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Maria Alcantar Aceves — ADJ13007518, ADJ13007517

MARIA ALCANTAR ACEVES, Applicant vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ13007518, ADJ13007517
Decision date
Oct 7, 2021
District office
Salinas
WCJ
Michael H. Young
Claim administrator
State Compensation Insurance Fund (administering for State of California Department of Corrections and Rehabilitation, legally uninsured)
Commissioners
—

Injury / body parts: right shoulder, cervical spine, bilateral upper extremities, bilateral forearms, bilateral epicondylitis, bilateral carpal tunnel syndrome

LC §5412

Summary

Applicant, a correctional officer, sustained an admitted specific injury to her right shoulder (ADJ13007518) and a cumulative trauma injury to her cervical spine, bilateral upper extremities, and carpal tunnel (ADJ13007517). PQME Dr. Michel Gagnon initially assigned a 'strict' AMA Guides rating of 2% WPI for the right shoulder, then in a subsequent report applied an Almaraz/Guzman analysis to reach a more accurate 9% WPI rating by analogy to the glenohumeral joint based on a 25% loss of strength. The WCJ adopted Dr. Gagnon's Almaraz/Guzman opinion and found the date of injury in the CT claim to be 1/22/2021 under Labor Code section 5412. Defendant petitioned for reconsideration challenging both the Almaraz/Guzman rating and the date of injury. The WCAB denied reconsideration, adopting and incorporating the WCJ's report and finding Dr. Gagnon's opinion to be substantial medical evidence.

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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