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Steven Schieffer — ADJ9533852

STEVEN SCHIEFFER, Applicant vs. STATE OF CALIFORNIA, SALINAS VALLEY STATE PRISON, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, Defendant

ADJ number: ADJ9533852
Decision date: Feb 28, 2021
District office: Salinas
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: bilateral knees, left knee, right knee, back, lumbar spine

LC §4660LC §4663LC §4664

Summary

Applicant Steven Schieffer, a plumber/pipefitter at Salinas Valley State Prison, sustained a specific injury (12/28/2012) and a cumulative trauma injury (ending 4/3/2013) to his bilateral knees and back. The WCJ found permanent total disability, awarded a single combined unapportioned award, and credited applicant's vocational expert over defendant's. Defendant sought reconsideration, challenging the combined award, the rejection of the QME's 25% non-industrial apportionment, the refusal to allow further discovery (a replacement QME after Dr. McCreesh retired), and the failure to account for applicant's non-industrial cirrhosis. The WCAB denied reconsideration, holding the QME's testimony supported a Benson exception combined award, the QME's apportionment opinion failed Escobedo standards, the cirrhosis did not cause vocational disability, and the record was adequately developed.

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.