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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7927652
Regular
Oct 25, 2016

Bozenna Kasperowicz vs. Metropolitan State Hospital, State Compensation Insurance Fund

This case involves an industrial injury to the applicant, a psychiatric technician, sustained on June 14, 2011, from a patient strike to the head. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address disputes over psychiatric impairment and a sleep disorder rating. The WCAB affirmed the original award but reduced the permanent disability rating from 76% to 70% by excluding the sleep dysfunction impairment. The WCAB found Dr. O'Brien's opinion on psychiatric impairment more persuasive than conflicting medical evaluations and determined Dr. Matos's opinion on sleep impairment lacked substantial medical evidence due to staleness.

WCABReconsiderationPsychiatric ImpairmentWhole Person ImpairmentGAF ScoreSleep DisorderSubstantial Medical EvidencePermanent DisabilityQualified Medical EvaluatorInsomnia
References
0
Case No. ADJ8136512 ADJ8136526
Regular
Apr 30, 2019

SOLANGE TUCKER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS and REHABILITATION, PAROLE and COMMUNITY SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a prior award. The original award found applicant sustained industrial injuries to her shoulder, knees, psyche, hypertension, headaches, and a sleep disorder, resulting in 73% permanent partial disability. The defendant argued against the findings regarding the sleep disorder, temporary disability, and the overall PD rating. The Board affirmed the WCJ's findings, finding substantial evidence supported the award for sleep disorder and temporary disability, and that the psychiatric impairment did not subsume the sleep disorder impairment.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationIndustrial InjuryRight ShoulderRight KneeLeft KneePsycheHypertensionSleep Arousal Disorder
References
7
Case No. ADJ7295285
Regular
Dec 05, 2012

CARL SIRL vs. VSJ, INC., ENDURANCE INSURANCE COMPANY, FIRSTCOMP INSURANCE AGENCY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior award finding applicant suffered a 23% permanent disability, including 12% for sleep disturbance. The PQME's reliance on the Epworth Sleepiness Scale for the sleep impairment rating was deemed insufficient without further explanation, particularly regarding the absence of formal sleep studies. The WCAB remanded the case to the trial level for further development of the medical record concerning the sleep disorder and its impairment rating. Defendants were directed to continue paying uncontested permanent disability indemnity for the applicant's back injury.

Workers' Compensation Appeals BoardPermanent DisabilitySleep DisturbanceEpworth Sleepiness ScalePQMEAMA GuidesWhole Person ImpairmentActivities of Daily LivingDue ProcessMedical Record Development
References
4
Case No. ADJ7713711
Regular
Mar 11, 2016

JULIANA MASTERS vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES

The Appeals Board denied reconsideration of the WCJ's decision, upholding the finding that applicant's sleep impairment, though present, was subsumed by the physical upper extremity impairments and thus not separately ratable. The Board found the Agreed Medical Examiner's opinion on sleep disorder impairment was not substantial evidence as it was predicated on pain already accounted for in the physical injury ratings per the AMA Guides. Therefore, the applicant's permanent disability rating remained at 69%. A dissenting opinion argued the Agreed Medical Examiner's opinion should be followed, as it addressed distinct impairments beyond pain and was supported by relevant case law.

Workers' Compensation Appeals BoardAmended Findings of Fact and AwardsIndustrial InjuryUpper ExtremitiesPsycheBook BinderSleep ImpairmentAMA GuidesPermanent DisabilityAgreed Medical Examiner
References
9
Case No. ADJ8181938; ADJ8702275
Regular
Apr 10, 2023

KAREN MILLER vs. STATE OF CALIFORNIA, VENTURA YOUTH CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued against the statutory 15% increase, the method of evaluating spine impairment, and the inclusion of a sleep disorder. The Board adopted the WCJ's report, finding no error in the application of the 15% increase or the evaluation of the spine impairment using the ROM method as deemed appropriate by the agreed medical examiner. Furthermore, the Board upheld the finding of an industrially caused sleep disorder, noting that formal sleep studies are not always required for diagnosis and that the physician's rating falls within the AMA Guides.

WCABPetition for ReconsiderationDeniedVentura Youth Correctional FacilityAdjudication NumbersOccupational Group 214Cervical SpineLumbar SpineBilateral ShouldersGastrointestinal System
References
1
Case No. ADJ8055062
Regular
May 28, 2013

JAIME CASTANEDA vs. KING DAHL EVENT DESIGN, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant seeking reconsideration of a prior award that found a $15\%$ permanent disability and no industrial injury to the psyche. The applicant argues the administrative law judge (WCJ) erred by not including a neurologist's impairment rating for a sleep disorder and by not relying on the primary treating physician's orthopedic assessment. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter for the WCJ to incorporate the neurologist's sleep disorder impairment rating, finding it uncontradicted. However, one commissioner dissented, arguing the sleep disorder was secondary to pain already included in the orthopedic rating and any psychiatric component was noncompensable.

WCABReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityOrthopedistNeurologistSleep DisorderAMA GuidesImpairment Rating
References
1
Case No. ADJ11197293
Regular
Dec 18, 2020

KEVIN TORRES vs. ARCTIC MECHANICAL, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns an applicant's entitlement to an increased impairment rating for sleep dysfunction. The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The Board affirmed the Administrative Law Judge's finding that Labor Code Section 4660.1(c)(1) does not preclude an increased impairment rating for sleep dysfunction if it is directly caused by the industrial injury, rather than a consequence of it. Medical evidence from Dr. Jonathan Wang established a direct causal link between the applicant's sleep dysfunction and the industrial injury. The Board found Dr. Wang's report and deposition testimony constituted substantial medical evidence supporting this conclusion and rejected the defendant's arguments.

Labor Code 4660.1(c)(1)sleep dysfunctiondirect causationincreased impairment ratingcompensable consequencepsychiatric disordersubstantial medical evidenceQME reportdeposition testimonyAMA Guides
References
2
Case No. ADJ9777475
Regular
Feb 14, 2017

MOSES CASTILLO vs. CITY OF LOS ANGELES

The WCAB granted reconsideration regarding a prior award of $73\%$ permanent disability for an applicant's industrial injuries. The Board found the WCJ erred by including a $2\%$ rating for sleep apnea, as Labor Code section 4660.1(c)(1) prohibits increases for sleep dysfunction arising from a compensable physical injury. Furthermore, the Board remanded for clarification on the $10\%$ right hand and wrist impairment rating, as the agreed medical evaluator may have improperly combined impairment components under the AMA Guides. Jurisdiction was deferred for a re-rating of permanent disability after these issues are resolved.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityLabor Code section 4660.1(c)(1)AMA GuidesAgreed Medical EvaluatorCarpal Tunnel SyndromeCumulative InjuryDate of Injury
References
12
Case No. ADJ6527507
Regular
Oct 18, 2010

Wayne Moore vs. EAST BAY MUNICIPAL UTILITY DISTRICT, ATHENS ADMINISTRATORS

The Appeals Board granted reconsideration, finding the WCJ improperly substituted his medical judgment for the Qualified Medical Evaluator's (QME) regarding the applicant's industrial sleep disturbance. The WCJ's finding of no industrial sleep impairment, despite the QME's opinion indicating such, was deemed erroneous. The Board rescinded the original award and remanded the case for a new rating that incorporates the QME's findings on sleep disturbance. Additionally, the WCJ must correct an identified occupational group number error in future rating calculations.

Workers' Compensation Appeals BoardWayne MooreEast Bay Municipal Utility DistrictAthens Administratorsmachinist maintenance workermachinistmachinist maintenancepermanent disabilityapportionmentQualified Medical Evaluator
References
0
Case No. ADJ8064757
Regular
Nov 03, 2016

JOHN VAN FLEET vs. LAMBERT AND PHILLIPS CONSTRUCTION, AMERICAN ASSURANCE OF AMERICA, ZURICH NORTH AMERICA

This case concerns a workers' compensation claim for lumbar spine and sleep disorder injuries. The Appeals Board affirmed the original award but amended it to establish October 2006 as the date of injury, acknowledging the cumulative nature of the lumbar spine injury. Issues regarding the specific nature of the sleep disorder injury, the responsible insurer, and permanent disability were deferred for further proceedings at the trial level. The Board found that while a sleep disorder existed, further medical evidence was needed to establish its compensability and the extent of whole person impairment.

cumulative injurydate of injurylumbar spinesleep disorderpermanent disabilityapportionmentwhole person impairmentAMA Guidesorthopedicneurologist
References
2
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