WCPanelIQ
PanelQMEMed-legalGranted

Hurtado, Robbie

ROBBIE HURTADO, Applicant vs. CITY OF RICHMOND, permissibly self-insured, adjusted by ACCLAMATION, Defendants

ADJ number
ADJ11385337
Decision date
Nov 6, 2024
District office
Oakland
WCJ
—
Claim administrator
Acclamation (TPA for City of Richmond, permissibly self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: bilateral shoulders, neck, bilateral elbows, wrists, hands, low back, bilateral carpal tunnel

LC §4663LC §4664LC §5313LC §5701LC §5803LC §5900LC §5901LC §5903LC §5906LC §5907LC §5908LC §5908.5LC §5909LC §5950LC §5952CCR §10787

Summary

Robbie Hurtado has four related claims (an admitted CT ending 4/7/2010 with a prior 65% stipulated award, a claimed CT ending 2/27/2012, an admitted specific injury of 3/6/2018 to the bilateral elbows, and a claimed CT ending 4/24/2019). The WCJ found applicant 100% permanently totally disabled based on PQME Dr. Blackwell's reporting that the various cumulative trauma injuries could not be parceled out and constituted one continuous trauma, and that this resolved the petition to reopen ADJ8045352. Defendant sought reconsideration, arguing the WCJ failed to apply apportionment under Labor Code sections 4663 and 4664 across the distinct dates of injury and the prior award. The Appeals Board granted reconsideration, deferring a final decision, finding the existing record incomplete and potentially not supported by substantial evidence because numerous referenced Blackwell reports (including the August 4, 2021 and June 14, 2018 reports), a functional capacity evaluation, and the prior AME reporting of Dr. Warbritton were not in evidence. The Board noted internal inconsistencies (e.g., a specific 3/6/2018 injury being treated as part of a CT, and the vocational report's reliance on an injury date of March 16, 2018) and ordered further review.

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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