RAQUEL MONTEJANO, Applicant vs. LOS ANGELES COUNTY PROBATION; Permissibly Self-Insured, Administered by SEDGWICK CMS, Defendants
ADJ number
ADJ8153160
Decision date
Feb 24, 2021
District office
Van Nuys
WCJ
Robin A. Brown
Claim administrator
Sedgwick CMS
Commissioners
—
Injury / body parts: cervical spine, lumbar spine, right shoulder, left hip, psyche, IBS, gastrointestinal, sleep
LC §4659CCR §10775
Summary
Raquel Montejano sustained industrial injuries to multiple body parts (cervical/lumbar spine, right shoulder, left hip, psyche, IBS, GI, sleep) while working as a contract program auditor for LA County Probation, settling by 69% Stipulated Award in 2016. On her Petition to Reopen for new and further disability, the WCJ found 100% permanent total disability, relying on AME Dr. Nathan's opinion that the impairments should be added (per Kite) due to their synergistic effect, and on unrebutted vocational expert Laura Wilson's opinion that applicant could not compete in the open labor market. Defendant petitioned for reconsideration, challenging the addition method, the validity of psychiatric testing, the vocational analysis, and the use of Occupational Group 212. The WCAB denied reconsideration, adopting and incorporating the WCJ's report, giving great weight to credibility determinations under Garza.
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.