WCPanelIQ
PanelMed-legalDenied

Dennis Cooksey — ADJ10126914

DENNIS COOKSEY, Applicant vs. WORLDWIDE TECH SERVICES; ZURICH AMERICAN INSURANCE, Defendants

ADJ number
ADJ10126914
Decision date
Mar 7, 2021
District office
San Francisco
WCJ
Anthony N. Corso
Claim administrator
Zurich American Insurance
Commissioners
—

Injury / body parts: low back, lumbar spine, right hip, hips

LC §5902LC §5904LC §4662CCR §10842CCR §10945CCR §10846CCR §10972CCR §10116.9

Summary

Applicant Dennis Cooksey, a computer technician born in 1944, sustained an admitted cumulative trauma injury to his low back (with claimed hip injury) through September 11, 2015. AME Dr. Pang assessed lumbar impairment with apportionment and eventually provided work restrictions; the parties stipulated the schedule rating was 45% PD unless rebutted. Applicant sought to rebut the schedule and obtain 100% permanent total disability through vocational expert Ira Cohen, who opined applicant was not amenable to rehabilitation primarily due to the cognitive effects of narcotic pain medication. The WCJ found Cohen's opinion was not substantial evidence because the medication-related limitations were never addressed by any physician and rested on applicant's subjective complaints and the vocational expert's own speculation outside his expertise. The WCAB denied reconsideration, adopting and incorporating the WCJ's report, and also noted the petition was skeletal and failed to cite the record with specificity.

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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