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PanelQMEGranted

Nunley, Sharon

SHARON C. NUNLEY, Applicant vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, permissibly self-insured, adjusted by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ10836901
Decision date: Sep 24, 2025
District office: Riverside
WCJ: —
Claim administrator: State Compensation Insurance Fund (administering for State of California Department of Corrections, permissibly self-insured)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PAUL F. KELLY, COMMISSIONER

Injury / body parts: bilateral knees, right knee, hypertension/cardiovascular disease, hearing loss, lumbar spine, psyche

LC §5904LC §5909LC §5900LC §4660.1LC §4658CCR §10600

Summary

Applicant Sharon Nunley sought reconsideration of a Joint F&A awarding 32% permanent disability for a bilateral knee injury (after apportionment) in case ADJ10836901, challenging the WCJ's finding of legal apportionment to the right knee. The PQME, Dr. Doty, opined that 'a minimum of' 25% of right knee disability was attributable to nonindustrial activity and early arthritis, but failed to explain how and why those factors caused that percentage of disability. The Board found this opinion did not constitute substantial medical evidence under Escobedo v. Marshalls. The Board granted reconsideration, eliminated the right knee apportionment, and increased the award to 42% permanent disability. The companion case ADJ12672934 (67% PD) was not challenged and was unaffected.

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.