MARIEANGE FIVEASH, Applicant vs. THE MEN’S WAREHOUSE, INC.; SAFETY NATIONAL CASUALTY CORPORATION, administered by CORVEL CORPORATION, Defendants
ADJ number
ADJ10915228
Decision date
Aug 17, 2021
District office
Santa Ana
WCJ
Jeremy Clifft
Claim administrator
CorVel Corporation (administering for Safety National Casualty Corporation)
Commissioners
—
Injury / body parts: bilateral wrists (carpal tunnel syndrome), left shoulder, upper extremities, hands, left forearm, bilateral fingers
Summary
Applicant Marieange Fiveash, a tailor employed from 1997 to 2017, claimed cumulative trauma injury to multiple body parts; defendant accepted bilateral wrist carpal tunnel syndrome (CTS) and denied other parts. The WCJ found injury to the bilateral wrists (CTS) and left shoulder and issued an unapportioned 45% permanent disability award based on the PQME reporting of Dr. Vicente Fortanasce. Defendant petitioned for reconsideration, arguing a scrivener's error in the findings, that apportionment should have been allowed, and that the AMA Guides rating was incorrect. The Board granted reconsideration, adopted the WCJ's report, corrected Finding 1 to reflect bilateral wrists (CTS) instead of bilateral hands, and reserved jurisdiction over future medical treatment and attorney fees, but otherwise affirmed the award including the rejection of apportionment.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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.