WCPanelIQ
PanelMed-legalDenied

Nancy Johnson — ADJ4265793, ADJ7323352, ADJ3983602

NANCY JOHNSON, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; legally uninsured, administered by State Compensation Insurance Fund, Defendants

ADJ number
ADJ4265793, ADJ7323352, ADJ3983602
Decision date
Apr 27, 2026
District office
Goleta
WCJ
—
Claim administrator
State Compensation Insurance Fund (administering self-insured California Department of Corrections and Rehabilitation)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, CRAIG L. SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: lumbar spine, neck, left shoulder, left knee, right knee, internal systems (hepatitis), internal system (hepatitis C)

LC §3370LC §5908.5LC §5909LC §5900LC §5901LC §5906

Summary

Firefighter Nancy Johnson sustained two specific industrial injuries (2001 and 2002) and a cumulative trauma injury (April 2001 through March 2002) involving the lumbar spine, neck, shoulders, knees, and internal systems including hepatitis/hepatitis C. The WCAB issued an ODAR on February 2, 2026 rescinding a 2022 Joint F&A and substituting a finding of 100% permanent disability without apportionment, supported by AME Dr. Richard Scheinberg and vocational expert David Van Winkle. Defendant CDCR (self-insured, administered by State Compensation Insurance Fund) sought reconsideration, arguing the combined 100% award lacked substantial evidence, that apportionment should apply, that further discovery was warranted, and that the September 6, 2022 grant order was an impermissible 'grant-for-study' that was void under Earley and section 5909. The Board rejected all arguments, holding it timely acted, that Earley does not invalidate timely grant orders, that Van Winkle's vocational analysis was substantial evidence, and that Dr. Scheinberg's apportionment opinions were bare conclusions failing the 'how and why' standard. The Board also held defendant had ample prior opportunity to develop the apportionment record and could not do so now. Reconsideration was denied.

Issues

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Holding

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Analysis

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Defense takeaway

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Provider takeaway

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