JAMES FRASER, Applicant vs. GEIL ENTERPRISES, INC.; U.S. FIRE INSURANCE COMPANY, administered by CRUM & FORSTER, Defendants
ADJ number
ADJ8918710
Decision date
Mar 8, 2021
District office
Van Nuys
WCJ
David Brotman
Claim administrator
Crum & Forster (administering for U.S. Fire Insurance Company)
Commissioners
—
Injury / body parts: left clavicle, skull, left shoulder, left ribs (first and fourth), head, brain, psyche, hearing loss/ears, hypertension
LC §4658LC §4659LC §4660LC §4662CCR §10844
Summary
Applicant James Fraser, a 59-year-old sales representative, fell 8-10 feet off a ladder on December 29, 2010, suffering a serious traumatic brain injury along with skull, clavicle, shoulder, and rib fractures, with later-established hearing loss and hypertension. After extensive development of the medical record through multiple QMEs, the WCJ found applicant 100% permanently and totally disabled, rebutting the strict PDRS rating of 90% by applying the Kite addition method (rather than the Combined Values Chart) based on the synergistic interaction of his multiple impairments. Defendant petitioned for reconsideration, arguing the award was improperly premised on Labor Code section 4662(b) and that the medical reports were not substantial evidence. The WCAB adopted and incorporated the WCJ's report and opinion, finding the award was based on Kite and supporting vocational/Ogilvie reasoning, not section 4662(b). Reconsideration was denied.
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.