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Wendy Whitehead — ADJ12012554

WENDY WHITEHEAD, Applicant vs. SANTA BARBARA UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by SELF-INSURED SCHOOLS OF CALIFORNIA (SISC), Defendants

ADJ number
ADJ12012554
Decision date
Mar 8, 2021
District office
Santa Barbara
WCJ
—
Claim administrator
Self-Insured Schools of California (SISC)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: left knee

LC §5313LC §5315LC §5900LC §5909

Summary

Wendy Whitehead sustained a stipulated industrial injury to her left knee on September 24, 2015. The WCJ found 50% permanent disability after 25% apportionment to non-industrial causes, plus entitlement to further medical treatment. Both parties sought reconsideration: applicant challenged the apportionment opinion of PQME Dr. Fields and the failure to rate disability based on the need for a knee brace, while defendant contested the WCJ's compliance with Labor Code section 5313 and the 50% PD finding. The Board, noting that PQME Dr. Fields and treating physician Dr. Craviotto both recommended total knee replacement surgery (which IMR found medically necessary), concluded that an accurate permanent disability rating was impossible until after surgery and recovery. The Board rescinded the Findings and Award and returned the matter to the trial level for further proceedings and a new decision, expressing no final opinion on PD or 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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