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PanelGranted in Part

Paulin Sandoval — ADJ7744441

PAULIN SANDOVAL, Applicant vs. RANSOM COMPANY; and TRAVELERS CASUALTY & SURETY COMPANY, Defendants

ADJ number: ADJ7744441
Decision date: Jun 28, 2021
District office: Oakland
WCJ: Terri Ellen Gordon
Claim administrator: Travelers Casualty & Surety Company
Commissioners: —

Injury / body parts: low back, psyche

LC §4663LC §4659LC §4662LC §5902

Summary

Applicant Paulin Sandoval sustained an industrial injury on October 27, 2010 to his low back and psyche while working for Ransom Company. The WCJ found 69% permanent disability after apportionment, relying on AME Dr. Conrad (orthopedics) and AME Dr. Petrakis (psychiatry). On reconsideration, the Appeals Board affirmed the orthopedic findings (48% after apportionment) but rejected Dr. Petrakis's 10% non-industrial psychiatric apportionment, finding it was based on the faulty premise that applicant's worry over his wife's health—which actually stemmed from the effects of his industrial injury and resulting dependence on family—constituted a separate non-industrial cause. The Board concluded Dr. Petrakis's opinion was not substantial evidence under Escobedo, amended the award to 71% permanent disability (48 C 44), and remanded for determination of the life pension and attorney's fees. Commissioner Razo dissented, arguing the AME's apportionment opinion should not be disturbed.

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.