WCPanelIQ
PanelGranted in Part

Labriel, Tina

TINA LABRIEL, Applicant vs. LOS ANGELES UNIFIED SCHOOL DISTRICT; permissibly self-insured, administered by Sedgwick Claims Management Services, Inc., Defendants

ADJ number
ADJ108951
Decision date
Mar 5, 2026
District office
Los Angeles
WCJ
—
Claim administrator
Sedgwick Claims Management Services, Inc.
Commissioners
CRAIG L. SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck, back, low back, left shoulder, left knee, psyche

LC §4656LC §4663LC §4664LC §5702LC §5804LC §5815CCR §10848CCR §10325

Summary

Applicant Tina Labriel sustained three industrial injuries (November 15, 2001; April 23, 2002; February 21, 2003) while working as a health care aide for LAUSD. The WCJ awarded temporary disability for ADJ108951 from October 29, 2012 to April 6, 2016 and a joint award of 100% permanent disability with no orthopedic apportionment. Defendant sought reconsideration challenging the TD award under Labor Code section 4656(b), the failure to apportion under Benson, and a section 5804 bar regarding the back injury finding. The Board affirmed the temporary disability award and the finding of industrial back injury, but found that the vocational expert improperly relied on impermissible 'vocational apportionment' contrary to Nunes I. The Board amended the Joint FA&O to defer the issues of permanent disability, apportionment, and attorney fees, requiring the VE to issue a supplemental report consistent with valid medical apportionment.

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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