LAWRENCE SALDANA, Applicant vs. CA DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, Defendants
Applicant Lawrence Saldana, a State Parole Agent, sustained multiple injuries in 2004-2005, including to the neck, spine, psyche, and a sleep/arousal disorder, and was found permanently and totally disabled. The internal medicine AME, Dr. Timothy Reynolds, diagnosed industrial fibromyalgia (a condition not addressed in the AMA Guides) and rated its fatigue component by analogy to a Class 2 sleep and arousal disorder, assigning 20% WPI. Defendant petitioned for reconsideration, arguing the sleep impairment could not constitute substantial medical evidence absent confirming polysomnography. The WCAB adopted the WCJ's report and denied reconsideration, holding that an evaluator may use clinical judgment to rate conditions by analogy under Guzman, and that 15 years of consistent multi-specialty medical-legal reporting of sleep dysfunction supplied substantial evidence even without a formal sleep study.
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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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.