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PanelQMEGranted

Ronald Ferrel — ADJ10668908

RONALD FERREL, Applicant vs. NORTH KERN STATE PRISON; administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ10668908
Decision date: Apr 19, 2021
District office: Bakersfield
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: heart, cardiovascular system

LC §3212.2LC §3212.10LC §4663

Summary

Ronald Ferrel, a correctional officer at North Kern State Prison, sustained an admitted cumulative trauma heart injury over the period ending October 28, 2016. The WCJ found 96% permanent disability based on a 'split-up' rating derived from QME Dr. Bronshvag's reporting. Applicant sought reconsideration, arguing Dr. Bronshvag's opinion supported 75% WPI and a 100% permanent disability rating. The Board found the WCJ erred by mischaracterizing Dr. Bronshvag's preferred 75% WPI rating (based on Class 4, Table 3-6 in Chapter 3 for coronary heart disease) as an Almaraz/Guzman analysis and by treating the doctor's statement that applicant was not '100% impaired' as inconsistent with the 75% WPI. The Board granted reconsideration, rescinded the Findings and Award, and remanded for a new final award based on the 75% WPI rating, which yields an adjusted 100% permanent disability.

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.