WCPanelIQ
PanelDenied

Michael Tiscareno — ADJ10607060, ADJ10607085

MICHAEL TISCARENO, Applicant vs. CITY OF RICHMOND, permissibly self-insured, adjusted by AIMS, Defendant

ADJ number
ADJ10607060, ADJ10607085
Decision date
Feb 22, 2021
District office
Oakland
WCJ
Terri Ellen Gordon
Claim administrator
AIMS (for City of Richmond, permissibly self-insured)
Commissioners
—

Injury / body parts: neck, back, shoulders, knees, elbows

LC §5902

Summary

Firefighter Michael Tiscareno sustained a specific injury on 09/26/2016 (shoulders and knees) and a cumulative trauma injury through 09/26/2016 (neck, back, shoulders, knees, elbows). The AME, Dr. Lavorgna, opined that the multiple injured body parts interacted synergistically, justifying addition of permanent disability impairments rather than combining via the Combined Values Chart (CVC), resulting in 100% permanent total disability on the CT claim. Defendant petitioned for reconsideration, arguing the WCJ improperly added the impairments instead of combining them and that the AME's opinion was not substantial medical evidence. The WCJ recommended denial, finding the AME's opinion well-reasoned and consistent with Kite. The WCAB adopted the WCJ's report and denied reconsideration, relying on the AME's expertise and neutrality under Power v. WCAB.

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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