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Debra Chesbro — ADJ12829129

DEBRA CHESBRO, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION - MEN'S COLONY, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Defendants

ADJ number: ADJ12829129
Decision date: Jan 31, 2021
District office: San Luis Obispo
WCJ: —
Claim administrator: State Compensation Insurance Fund / State Contract Services
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: right upper extremity, right wrist, right hand

LC §5502LC §5313CCR §10759CCR §10166

Summary

Applicant Debra Chesbro, a registered nurse for the Department of Corrections, claimed a right upper extremity, wrist, and hand injury over a cumulative period from January 1, 2005, through May 7, 2018. The WCJ found the QME report of Dr. Behrman to be substantial evidence and awarded 37% permanent disability for the upper extremity injury. Defendant sought reconsideration arguing Dr. Behrman improperly used grip loss to rate carpal tunnel impairment and that a formal DEU rating should have been requested. The Board, however, identified a threshold defect: the EAMS file contained no trial record—no Minutes of Hearing, Summary of Evidence, stipulations, issues, or admitted evidence, and no Opinion on Decision. Because the record was incomplete, the Board could not address the substantive issues, granted reconsideration, rescinded the F&A, and returned the matter to the WCJ to develop a proper record and issue a new decision.

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.