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Eric Alvarez — ADJ9053614

ERIC ALVAREZ, Applicant vs. MICROSOFT CORPORATION; NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA; administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number: ADJ9053614
Decision date: Jun 24, 2021
District office: Santa Ana
WCJ: Richard Brennen
Claim administrator: Gallagher Bassett Services, Inc. (administering National Union Fire Insurance Company of Pittsburgh, PA)
Commissioners: —

Injury / body parts: psyche

LC §4663LC §4664

Summary

Eric Alvarez, a Microsoft sales/tech solutions professional, developed psychiatric injury (schizoaffective disorder, bipolar type, and panic disorder) from job-related stress beginning March 2013. The PQME, Dr. Dmitriy Sherman, initially apportioned 10% of the psychiatric impairment to unresolved grief over his mother's death, then reversed himself and instead apportioned 10% to increased hallucinations during 2017 cancer radiation treatment. The WCJ found Dr. Sherman's apportionment was not substantial medical evidence and that vocational evidence (Laura Wilson and Paul Broadus) rebutted the AMA rating, establishing 100% permanent total disability under LeBoeuf/Ogilvie. Defendant petitioned for reconsideration, and the WCAB denied it, adopting the WCJ's report and finding defendant failed to meet its burden of proof on apportionment.

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.