WCPanelIQ
PanelDenied

Debra Fleurat — ADJ6653112

DEBRA FLEURAT, Applicant vs. BIOBANC, USA and ACE AMERICAN INSURANCE COMPANY; administered by ESIS, INC., Defendants

ADJ number
ADJ6653112
Decision date
Jul 25, 2021
District office
Salinas
WCJ
—
Claim administrator
ESIS, Inc. (administering for ACE American Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: cervical spine, bilateral shoulders, bilateral knees, vertigo/gait imbalance, psyche

LC §4660CCR §10945

Summary

Applicant Debra Fleurat sustained an admitted July 10, 2008 industrial injury to her cervical spine, bilateral shoulders, bilateral knees, vertigo/gait imbalance, and psyche while working as a donor center supervisor. The WCJ found applicant permanently totally disabled and awarded lifetime PD indemnity at $916.33/week, plus a $4,784 penalty for unreasonable delay in PD advances. Defendant sought reconsideration, arguing the vocational and medical evidence did not support rebuttal of the scheduled rating and that applicant's vocational expert ignored AME Dr. Ng's internal medicine apportionment. The WCAB affirmed, finding that vocational expert Mr. Gonzales's individualized assessment constituted substantial evidence that applicant was not amenable to vocational rehabilitation and had lost 100% of her earning capacity due solely to industrial factors. The Petition for Reconsideration was denied.

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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