Applicant Christine Casper Derderian sought reconsideration of a December 3, 2025 Findings and Award that found 68% permanent partial disability arising from an August 23, 2012 industrial injury to her neck, thoracic spine, psyche, and headaches. She argued the WCJ wrongly rejected her vocational evidence, failed to develop the record with an FCE, improperly apportioned thoracic spine disability, issued inconsistent exhibit rulings, and should have specifically found scapular winging/long thoracic nerve palsy. The majority (Commissioners Snellings and Razo) denied reconsideration, adopting the WCJ's Report which found the vocational expert unpersuasive given applicant's ongoing full-time work and found AME Dr. Renbaum's apportionment adequately explained. Commissioner Capurro dissented, arguing the AME failed to use the ROM method required by the AMA Guides for multi-segment cervical spine injuries and that thoracic apportionment was likely barred under Hikida because the condition flowed from industrial surgery.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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.