WCPanelIQ
PanelDenied

Angela Dominguez — ADJ953988

ANGELA DOMINGUEZ, Applicant vs. CECILIA WILKINSON; USAA; administered by LIBERTY/HELMSMAN MANAGEMENT SERVICES, Defendants

ADJ number
ADJ953988
Decision date
Feb 21, 2021
District office
Van Nuys
WCJ
—
Claim administrator
Liberty/Helmsman Management Services
Commissioners
JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: right upper extremity, cervical spine, psyche, headaches, upper GI, lower GI, dental, TMJ

LC §4660CCR §10945

Summary

Applicant Angela Dominguez, a housekeeper who sustained an admitted industrial injury in a 2003 car accident, sought reconsideration of a December 11, 2020 Findings and Award finding her 70% permanently disabled. She argued she had rebutted the scheduled PD rating and was permanently totally disabled based on vocational expert Laura Wilson's opinion that she was not amenable to vocational rehabilitation. The WCAB found that Wilson's report did not constitute substantial evidence because it relied on subjective limitations (sitting, standing, walking) not supported by any physician's findings, on pain complaints the psychiatric AME had deemed exaggerated, and failed to segregate non-industrial factors such as applicant's limited education and English proficiency. The Board affirmed the WCJ and denied reconsideration.

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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