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Anthony Lamson 1701018 — ADJ12193557

ANTHONY LAMSON (deceased) and DOMINIQUE LAMSON, Applicant vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION; legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ12193557
Decision date
Jun 25, 2026
District office
Salinas
WCJ
—
Claim administrator
State Compensation Insurance Fund (administering for legally uninsured State of California Department of Corrections & Rehabilitation)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PAUL F. KELLY, COMMISSIONER

Injury / body parts: lumbar spine, left hip, medication side effects, circulatory system (heart/hypertension), psyche

LC §5909LC §5900LC §5903LC §5952LC §5313CCR §10600CCR §10166CCR §10787

Summary

Deceased applicant Anthony Lamson, a correctional sergeant, sustained a specific injury on October 7, 2018 to his lumbar spine, left hip, and side effects from medications; his son and heir Dominique Lamson pursued the accrued permanent disability. The WCJ issued a Joint Findings, Award, and Order finding 76% permanent disability, based upon a March 17, 2026 Consultative DEU Rating, and held applicant failed to rebut the PDRS to allow addition (Kite) rather than combination (CVC) of the lumbar spine and left hip impairments. Petitioner sought reconsideration, arguing applicant was 100% permanently totally disabled based on vocational expert Westman's total loss of earning capacity opinion and that Dr. Erickson's reporting rebutted the PDRS to allow addition. The Board found the WCJ improperly relied on an inadmissible Consultative DEU Rating and vacated submission without ever issuing formal rating instructions or obtaining a formal rating, thereby denying the parties due process. The Board granted reconsideration, rescinded the JFA&O, and returned the matter to the trial level for proper submission with formal rating instructions.

Issues

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Holding

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Analysis

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