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Case No. ADJ8558787

Regular

Apr 11, 2017

Mario Diaz vs. The Gainey Vineyard, Crump & Forster, United States Fire Insurance

This case involves Mario Diaz's workers' compensation claim for a lumbar spine injury. The Appeals Board granted reconsideration to amend the award, finding the agreed medical examiner's apportionment to pre-existing spondylolisthesis was not sufficiently justified. The Board also corrected the permanent disability rating calculation, utilizing the examiner's 34% whole person impairment instead of the initial 45% regional impairment, ultimately awarding 48% permanent disability without apportionment.

WCABapportionmentpermanent disabilityspondylolisthesisdegenerative disc diseaseAgreed Medical ExaminerAMEEscobedoAlmaraz-GuzmanWhole Person Impairment

References

Case No. ADJ1534094 (ANA 0371141), ADJ2039233 (ANA 0370928), ADJ1431772 (ANA 0388738), ADJ3092100 (ANA 0388739)

Regular

Feb 10, 2012

ROLANDO ALVARADO-CRUZ vs. SPRING INDUSTRIES, INC., ZURICH INSURANCE COMPANY

This case involves a workers' compensation applicant seeking reconsideration of a permanent disability award. The applicant argued against the administrative law judge's (WCJ) apportionment of 25% of the disability to pre-existing spondylolisthesis and the method of calculating the final award. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, agreeing that apportionment should be applied after adjustments for age and occupation, but otherwise affirmed the WCJ's findings. Consequently, the applicant's permanent disability award was increased to 21% for both the specific and cumulative trauma injuries.

Workers' Compensation Appeals BoardRolando Alvarado-CruzSpring IndustriesZurich Insurance CompanyFindings and AwardAdministrative Law JudgeMachinistPillow StufferSpecific InjuryCumulative Trauma Injury

References

Case No. ANA 0329574

Regular

Sep 21, 2007

Martina Gonzalez, Ocegueda vs. ST. JOHN KNITS, ARGONAUT INSURANCE COMPANY

The Appeals Board granted reconsideration and overturned the WCJ's decision, finding the WCJ erred in calculating average weekly earnings and relying on an incomplete medical report for apportionment. The case is returned to the trial level to recalculate average weekly earnings and revisit permanent disability and apportionment issues, considering recent legislative changes regarding pre-existing conditions. The Appeals Board noted that the prior medical report failed to address the applicant's spondylolisthesis and that apportionment rules have changed, eliminating the "old rules" regarding pathology.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryLow BackAbdomenRight LegPsycheTotal Permanent DisabilityApportionment

References

Case No. ADJ4523497 (AHM 0062594) ADJ488115 (AHM 0062669)

Regular

Jan 09, 2014

Anthony Becker vs. American Drug Stores, Broadspire

The Workers' Compensation Appeals Board denied reconsideration of a decision that apportioned 25% of the applicant's permanent spinal disability to non-industrial factors. The applicant argued that the Agreed Medical Examiner established his permanent total disability was solely due to surgeries for industrial cumulative trauma. However, the Board found the defendant met its burden of proof for apportionment, as the AME's testimony supported that the applicant's pre-existing spondylolisthesis contributed to the need for two-level spinal surgery. The Board adopted the WCJ's report and affirmed the original award.

WCABPetition for ReconsiderationJoint Findings and AwardCumulative TraumaApportionmentNon-industrial factorsAgreed Medical Examiner (AME)Escobedo v. MarshallsSpondylolisthesisPreexisting developmental anomaly

References

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Mario Diaz vs. The Gainey Vineyard, Crump & Forster, United States Fire Insurance

WCABapportionmentpermanent disabilityspondylolisthesisdegenerative disc diseaseAgreed Medical ExaminerAMEEscobedoAlmaraz-GuzmanWhole Person Impairment

ROLANDO ALVARADO-CRUZ vs. SPRING INDUSTRIES, INC., ZURICH INSURANCE COMPANY

Martina Gonzalez, Ocegueda vs. ST. JOHN KNITS, ARGONAUT INSURANCE COMPANY

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryLow BackAbdomenRight LegPsycheTotal Permanent DisabilityApportionment

Anthony Becker vs. American Drug Stores, Broadspire