Home/Case Law/FRANCISCA BERMEJO vs. JORGE CASTRO FARMS, STAR INSURANCE COMPANY, MEADOWBROOK INSURANCE GROUP
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FRANCISCA BERMEJO vs. JORGE CASTRO FARMS, STAR INSURANCE COMPANY, MEADOWBROOK INSURANCE GROUP

Filed: Mar 02, 2019
Oakland
ADJ9578895

CompFox AI Summary

This case involves Francisca Bermejo's claim for workers' compensation after a lumbar spine injury sustained while picking strawberries. Ms. Bermejo sought 100% permanent disability, arguing vocational evidence established total loss of earning capacity, but the Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's finding of 23% permanent disability. The WCAB found that vocational evidence supporting total disability was insufficient, particularly as it relied on non-industrial factors like limited education and English proficiency. Furthermore, the WCAB clarified that permanent total disability can only be established through impairment ratings under Labor Code section 4660, not through a separate "in accordance with the fact" finding under Labor Code section 4662(b).

Full Decision Text1 Pages

This case involves Francisca Bermejo's claim for workers' compensation after a lumbar spine injury sustained while picking strawberries. Ms. Bermejo sought 100% permanent disability, arguing vocational evidence established total loss of earning capacity, but the Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's finding of 23% permanent disability. The WCAB found that vocational evidence supporting total disability was insufficient, particularly as it relied on non-industrial factors like limited education and English proficiency. Furthermore, the WCAB clarified that permanent total disability can only be established through impairment ratings under Labor Code section 4660, not through a separate "in accordance with the fact" finding under Labor Code section 4662(b).

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FRANCISCA BERMEJO vs. JORGE CASTRO FARMS, STAR INSURANCE COMPANY, MEADOWBROOK INSURANCE GROUP (2019) – Oakland | CompFox