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Vilma Angeles — ADJ7915626

VILMA ANGELES, Applicant vs. ALAMEDA HEALTHCARE & WELLNESS CENTER; ULLICO CASUALTY COMPANY, in liquidation; administered by INTERCARE INSURANCE, Defendants

ADJ number
ADJ7915626
Decision date
Date unavailable
District office
Oakland
WCJ
—
Claim administrator
Intercare Insurance (administering for Ullico Casualty Company, in liquidation)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: neck, cervical spine, bilateral upper extremities, bilateral shoulders, carpal tunnel (wrists), nervous system, psyche, other body systems

LC §4663LC §4660LC §4660.1LC §4662

Summary

Applicant Vilma Angeles sustained an admitted cumulative trauma injury through May 1, 2010, to her neck, bilateral upper extremities, shoulders, and psyche while working as a medical records supervisor. The WCJ found 74% permanent disability and awarded $114,118.88, but applicant sought reconsideration arguing she was permanently totally disabled. The Board granted reconsideration and amended the award to find applicant 100% permanently disabled, relying on vocational evidence from Jeff Malmuth establishing she was not amenable to vocational rehabilitation and could not return to the open labor market. The Board found Dr. Shaw's apportionment opinions were not substantial evidence because they lacked explanation for changing from 20% to 10%, and Dr. Heckman had revised his psyche apportionment to find no non-industrial component. The matter was returned to the trial level for a new award of permanent total disability.

Issues

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Holding

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Analysis

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Defense takeaway

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