DIANE PETERS, Applicant vs. BANK OF AMERICA; ACE AMERICAN INSURANCE, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants
ADJ number
ADJ9928089
Decision date
Apr 21, 2021
District office
Oakland
WCJ
Christopher Miller
Claim administrator
Sedgwick Claims Management Services (administering ACE American Insurance)
Commissioners
—
Injury / body parts: left shoulder, left elbow, right elbow, right knee, left knee, left fibula, bilateral wrists, cervical spine, lumbar spine, psyche (anxiety, depression, sleep disturbance), gastrointestinal (diarrhea, constipation, heartburn), sexual dysfunction, headaches, sleep disorder
LC §4663LC §5500.5
Summary
Diane Peters, a 49-year-old bank loan officer, sustained an April 2, 2012 specific injury when she tripped on a missing restroom threshold, injuring her left shoulder, elbows, knees, wrists, neck, back, plus psychological and internal-medicine sequelae following numerous surgeries. The WCJ awarded 100% permanent total disability, rebutting the PDRS through the vocational opinion of applicant's expert Tom Linder, and declined to apportion any disability to a defense-filed cumulative trauma claim or to nonindustrial causes. Defendant petitioned for reconsideration, arguing the rating schedule was not properly rebutted and that disability should have been apportioned. The WCAB adopted and incorporated the WCJ's Report and Recommendation and denied reconsideration. The Board found Linder's vocational analysis more persuasive than defense expert Van de Bittner's, and concluded the apportionment opinions of AME Dr. Gupta and QME Dr. Punia were not substantial medical evidence under Escobedo and Benson.
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.