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Alma Ramirez — ADJ10887226

ALMA RAMIREZ, Applicant vs. STAR INSURANCE COMPANY, insurer for JAGUAR FARM LABOR CONTRACTING, INC., administrated by MEADOWBROOK, Defendants

ADJ number: ADJ10887226
Decision date: Jul 15, 2021
District office: Salinas
WCJ: Roisilin Riley
Claim administrator: Meadowbrook (TPA) for Star Insurance Company
Commissioners: —

Injury / body parts: left wrist

LC §5313LC §4660LC §4662LC §3208LC §3600LC §15

Summary

Applicant Alma Ramirez, a 49-year-old farm laborer, sustained an admitted industrial injury to her left wrist on 7/5/16. The WCJ found 19% permanent disability based on QME Dr. Luque's reporting and rejected applicant's vocational expert (Jeff Malmuth) evidence as insufficient to rebut the scheduled rating. Applicant petitioned for reconsideration, arguing the WCJ failed to articulate any rationale for rejecting the vocational evidence, denying due process under Labor Code section 5313. The WCAB denied reconsideration, adopting the WCJ's report which found Malmuth relied on impermissible nonindustrial factors (age, pre-injury skill base) and incorrect legal theories, and that the WCJ's report cured any section 5313 defect.

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.

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.

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.

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.

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.

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.

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.