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PanelDenied

Dexter Nitta — ADJ3459081, ADJ183911, ADJ3352607, ADJ3699308, ADJ477044

DEXTER NITTA, Applicant vs. RALPHS GROCERY COMPANY, Permissibly Self-Insured; SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ3459081, ADJ183911, ADJ3352607, ADJ3699308, ADJ477044
Decision date: Aug 29, 2021
District office: Los Angeles
WCJ: Kacey Keating
Claim administrator: Sedgwick Claims Management Services
Commissioners: —

Injury / body parts: bilateral shoulders, lumbar spine, cervical spine, bilateral knees, bilateral upper extremities, psyche, hypertension, throat, chronic pain, fibromyalgia

LC §4664LC §5909LC §5909

Summary

Dexter Nitta, a 70-year-old produce manager/clerk, sustained five industrial injuries (including a cumulative trauma resulting in chronic pain and fibromyalgia) and was found permanently totally disabled and non-feasible for vocational rehabilitation, with a life pension at $507.16/week. Defendant Ralphs Grocery (permissibly self-insured, administered by Sedgwick) sought reconsideration challenging the 100% award (arguing for 4664(b) apportionment for a prior 16% lumbar award), the indemnity rate, the WCJ's reliance on rheumatologist Dr. Salick over Dr. Bluestone, and the reliance on applicant's vocational expert. The WCAB first invoked Shipley to find it retained jurisdiction despite the 60-day period lapsing before the petition reached the Board. On the merits, the Board adopted the WCJ's Report (except the first paragraph of Section II) and denied reconsideration, affirming the 100% PTD award.

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.

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