WCPanelIQ
PanelDenied

Ronald Ferrel — ADJ10668908

RONALD FERREL, Applicant vs. NORTH KERN STATE PRISON; administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ10668908
Decision date
Jun 28, 2021
District office
Bakersfield
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: heart, hypertension

LC §5900LC §5902LC §5903

Summary

Applicant Ronald Ferrel suffered a cumulative trauma injury involving his heart and hypertension while working at North Kern State Prison. After the WCJ initially found 96% permanent disability, the Board granted applicant's petition for reconsideration, rescinded the decision, and ordered a new award based on Dr. Bronshvag's 75% WPI rating, which resulted in a finding of 100% permanent disability on the Second Amended Findings of Fact, Awards and Order. Defendant then petitioned for reconsideration, arguing Dr. Bronshvag's report was not substantial medical evidence, that applicant failed to rebut the scheduled rating, and that applicant's earlier petition was procedurally deficient under Labor Code section 5903. The Board treated defendant's petition as one from the April 26, 2021 final order (since the original challenged order was not final), re-affirmed its prior Decision After Reconsideration, and denied the petition.

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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