WCPanelIQ
PanelGranted in Part

Mayra Apac — ADJ3496910, ADJ2429049

MAYRA APAC, Applicant vs. DEUTSCH METAL COMPANY; TRAVELERS INSURANCE, Defendants

ADJ number
ADJ3496910, ADJ2429049
Decision date
Aug 12, 2021
District office
Long Beach
WCJ
—
Claim administrator
Travelers Insurance
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: cervical spine, lumbar spine, psyche, irritable bowel syndrome, arousal and sleep disorder, fibromyalgia

Summary

Applicant Mayra Apac sustained an industrial injury on August 19, 2004 while working as a machine operator, resulting in cervical/lumbar spine, psyche, and irritable bowel syndrome conditions stemming from fibromyalgia, and was awarded 47% permanent disability. Applicant petitioned for reconsideration, arguing that the WCJ erred in finding the Independent Vocational Expert (IVE) report of Robert Liebman to be substantial evidence because he did not perform vocational testing and allegedly failed to consider the impact of applicant's subjective pain and medications on her employability. Applicant also contended she sustained injury to additional body parts. The Board affirmed the finding that Liebman's report was substantial evidence, holding he properly relied on the AMEs' work restrictions which already accounted for pain. The Board amended the findings only to add an arousal and sleep disorder as an additional industrial body part since Dr. Levine found it caused ratable disability, while rejecting the other claimed body parts.

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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