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PanelQMEMed-legalRemanded

Marlaina Battle — ADJ10582157

MARLAINA BATTLE, Applicant vs. SCRIPPS HEALTH, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ10582157
Decision date
Oct 5, 2026
District office
San Diego
WCJ
—
Claim administrator
Sedgwick Claims Management Services (administering for Scripps Health, permissibly self-insured)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: bilateral upper extremities (CRPS), right upper extremity, left upper extremity, left shoulder, psyche, irritable bowel syndrome

LC §4660.1LC §3208.3LC §5100LC §4904.1CCR §10305

Summary

Applicant Marlaina Battle, a patient service representative, sustained an admitted industrial injury on October 20, 2015 to her right upper extremity resulting in CRPS, with disputed injuries to the left upper extremity, left shoulder, psyche, and irritable bowel syndrome. The WCJ found 100% permanent total disability based solely on the CRPS condition, concluding that applicant's vocational expert (Mark Remas) rebutted the 84% scheduled rating by showing she was not feasible for vocational retraining. On reconsideration, the Board affirmed the WCJ's credibility determination regarding applicant's testimony but found the vocational expert reporting analytically incomplete because its conclusions on impaired concentration, persistence, pace, and inability to maintain a routine work schedule were not substantiated or addressed by the medical/medical-legal record. The Board rescinded the F&A and returned the matter for development of the record, requiring medical review of the vocational findings. The Board also provided guidance on the catastrophic injury analysis under Wilson and the proper lateral commutation of attorney's fees from lifetime awards.

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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