SCOTT WIEST, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, CENTINELA STATE PRISON, adjusted by STATE COMPENSATION INSURANCE FUND, Defendants
ADJ number
ADJ10863577
Decision date
Jun 28, 2021
District office
San Diego
WCJ
Linda F. Atcherley
Claim administrator
State Compensation Insurance Fund
Commissioners
—
Injury / body parts: bilateral lower extremities, bilateral below-the-knee amputations, right foot and ankle, lumbar spine, vascular system, sleep, psyche
LC §4663LC §4664
Summary
Applicant Scott Wiest, a plumber for Centinela State Prison, sustained an industrial right ankle sprain on May 19, 2015, which led to altered gait, blistering, and ultimately bilateral below-the-knee amputations along with injuries to the lumbar spine, vascular system, sleep, and psyche. The WCJ found applicant 100% permanently disabled without apportionment, adding (rather than combining) impairments under a Kite analysis and rejecting apportionment to applicant's pre-existing non-industrial diabetes. Defendant petitioned for reconsideration, challenging the addition method, the failure to apportion to diabetes, and the substantial-evidence support for the vascular, sleep, and psyche injuries. The Board adopted and incorporated the WCJ's Report and denied reconsideration, holding that because the permanent disability was rated on orthopedic impairment from the amputations and gait derangement—not on any diabetic impairment—no apportionment was required even though diabetes contributed to the need for the amputations.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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