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Tyson Silvestri — ADJ10896001

TYSON SILVESTRI, Applicant vs. COUNTY OF VENTURA, permissibly self-insured, administered by Sedgwick Claims Management Services, Inc., Defendant

ADJ number: ADJ10896001
Decision date: Jun 17, 2026
District office: Oxnard
WCJ: —
Claim administrator: Sedgwick Claims Management Services, Inc. (administering for County of Ventura, permissibly self-insured)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: thoracic spine, lumbar spine, hernia (umbilical)

LC §4657LC §4663LC §4664LC §5803LC §5903LC §5907LC §5908LC §5908.5LC §5952CCR §10152

Summary

Applicant Tyson Silvestri, a maintenance plumber for the County of Ventura, sustained industrial injury to his thoracic spine, lumbar spine, and in the form of a hernia on October 28, 2016. The WCJ found defendant made a valid offer of modified work justifying termination of TD on January 4, 2017, and awarded 9% PD after substantial apportionment (75% nonindustrial for spine, 50% for hernia). On reconsideration, the Board rescinded the FA&O, holding the January 3, 2017 letter was a mere directive to return to work rather than a bona fide offer because the specific modified duties were never communicated to applicant. The Board extended TD to September 19, 2017 (the date applicant became permanent and stationary per PQME Dr. Brooks), and eliminated all apportionment as speculative and unsupported by substantial evidence, increasing the award to 27% PD without 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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.