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PanelMed-legalDenied

James Stafford — ADJ9668614

JAMES STAFFORD, Applicant vs. ATASCADERO STATE HOSPITAL, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Defendants

ADJ number: ADJ9668614
Decision date: Feb 21, 2021
District office: San Jose District Office
WCJ: Adoralida Padilla
Claim administrator: State Compensation Insurance Fund / State Contract Services (for legally uninsured State of California, Department of State Hospitals Atascadero)
Commissioners: —

Injury / body parts: neck, cervical spine, bilateral upper extremities

LC §4662LC §4660LC §4628CCR §10682CCR §10606

Summary

James Stafford, a stationary engineer at Atascadero State Hospital, sustained a cumulative trauma injury to his neck and bilateral upper extremities (8/28/2013-8/28/2014). The WCJ found him 100% permanently totally disabled, relying on AME Dr. Mays, physical therapist Dr. Feinberg's FCE, and applicant's vocational expert Frank Diaz. The defendant (legally uninsured State, administered through State Compensation Insurance Fund) sought reconsideration, arguing the medical and vocational evidence was not substantial and that Fitzpatrick precluded a PTD finding. The Board denied reconsideration, adopting the WCJ's Report, and held that the PTD finding was properly based on rebuttal of the scheduled rating under Ogilvie/section 4660, not on section 4662(b), and that the orthopedic AME was qualified to opine on the real-life vocational impact of the impairments.

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.