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Robert Cocking — ADJ19686963

ROBERT COCKING, Applicant vs. MILLER GLASS, INCORPORATED; INSURANCE COMPANY OF WEST, Defendants

ADJ number
ADJ19686963
Decision date
Sep 20, 2026
District office
Redding
WCJ
—
Claim administrator
Insurance Company of the West
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER

Injury / body parts: head, neck, stroke (cerebellum/brain)

LC §3202.5LC §4600LC §4610LC §4660LC §4660.1LC §4662LC §5700LC §5701LC §5705LC §5900LC §5903LC §5904LC §5907LC §5908LC §5908.5LC §5909LC §5952

Summary

Applicant Robert Cocking, a glazier, sustained an industrial injury on May 7, 2024 (stated variously as 2014) when an overhanging bar struck his head, causing vertebral artery dissection and a cerebellar stroke affecting his head and neck. The PWCJ found 97% permanent disability and ordered the record developed on future medical care. Applicant sought reconsideration arguing he was permanently and totally disabled based on medical and/or vocational evidence. The Board granted reconsideration, finding that PQME Dr. Richman's opinion of permanent total disability was not substantial evidence because he provided straight AMA Guides impairment without explaining any deviation and improperly ventured into vocational expertise, while the vocational expert impermissibly assumed work restrictions the physician never provided. The Board rescinded the F&A, deferred permanent disability and apportionment, awarded medical care, and returned the matter to develop the record.

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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