Case Law Database

Marcia Ortiz vs. CITY AND COUNTY OF SAN FRANCISCO, INTERCARE

The Appeals Board affirmed the WCJ's findings for a right elbow injury and its 24% permanent disability award. However, for a left foot/ankle injury, the Board rescinded the finding of industrial sleep disorder due to lack of substantial medical evidence. The Board also amended the permanent disability rating for the left ankle injury, ultimately awarding 12% permanent disability based on the primary treating physician's opinion. This decision corrected Dr. Chen's flawed application of impairment rating guidelines and excluded the sleep disorder from compensable injury.