CARMEN MILLER, Applicant vs. DIAMOND STAFFING SERVICES, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, for LUMBERMEN’S UNDERWRITING ALLIANCE, in liquidation, Defendants
ADJ number
ADJ9823240
Decision date
Date unavailable
District office
Oakland
WCJ
Nicholas E. Tse
Claim administrator
California Insurance Guarantee Association (CIGA), for Lumbermen's Underwriting Alliance, in liquidation
Carmen Miller, a packer for Diamond Staffing Services, sustained a cumulative trauma injury (Feb. 2012–Feb. 2013) to her bilateral wrists, arms, hands, shoulders, cervical spine, and thoracic spine. The WCJ issued a Findings and Award on May 20, 2025, and defendant CIGA (for Lumbermen's Underwriting Alliance, in liquidation) petitioned for reconsideration, challenging the WCJ's calculation of average weekly wages and the use of AME Dr. William Campbell's reports as substantial medical evidence supporting addition of impairments under Kite/Guzman. The Appeals Board first addressed the timeliness of its decision under amended Labor Code section 5909, confirming the case was transmitted on June 18, 2025, making the August 18, 2025 decision timely. On the merits, the Board adopted the WCJ's Report, finding the AME's opinions constituted substantial medical evidence, that the AME properly applied Guzman and adequately rebutted the CVC consistent with Vigil v. County of Kern, and that the WCJ properly calculated AWW under Labor Code section 4453(c). The petition was denied.
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.
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