UCLA Medical Center, Permissibly Self-Insured; Providence St. Joseph Medical Center; Sedgwick CMS/American Home Assurance Edwards Daniels WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDWARD DANIELS, Applicant,vs.UCLA MEDICAL CENTER, Permissibly Self-Insured; PROVIDENCE ST. JOSEPH MEDICAL CENTER; SEDGWICK CMS/AMERICAN HOME ASSURANCE, Defendants.Case Nos. ADJ2726907 (VNO 0451280)ADJ4695107 (VNO 0451268)ADJ2158317 (VNO 0451264)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant UCLA seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Amended Joint Findings and Award of December 7, 2010, wherein it was found that, while employed as a clinical care partner on May 31, 2002 in case ADJ2726907, applicant sustained industrial injury to his lumbosacral spine and psyche, causing permanent disability of 70%.1 It was found that applicant’s spine disability caused 65% permanent disability and the psyche injury caused 10% permanent disability, after apportionment. Using the method for combining multiple disabilities, the WCJ arrived at a total disability of 70%. (1997 Schedule for Rating Permanent Disabilities at pp. 7-12 – 7-16.) Defendant contends that the WCJ erred in finding permanent disability of 70%, arguing that the WCJ should have adopted the opinion of defendant’s qualified medical evaluator, psychologist David Appleton, Psy.D. with regard to applicant’s psychiatric disability. We have not received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report). 1 Applicant also sustained a January 20, 2000 industrial injury to his lumbosacral spine and psyche while employed at UCLA, and a July 16, 2001 industrial injury to his lumbar spine while employed at Providence St. Joseph, However, it appears that these two injuries did not cause disability. , As explained below, we find that the WCJ erred in not incorporat
Edwards Daniels vs. Ucla Medical Center, Permissibly Self-insured; Providence St. Joseph Medical Center; Sedgwick Cms/american Home Assurance
In this case, Edward Daniels was employed by UCLA Medical Center, Providence St. Joseph Medical Center, and Sedgwick CMS/American Home Assurance. He sustained an industrial injury to his lumbosacral spine and psyche on May 31, 2002, and was found to have sustained permanent disability of 70%. UCLA sought reconsideration of this decision, arguing that the WCJ should have adopted the opinion of their qualified medical evaluator, psychologist David Appleton, Psy.D. After reconsideration, it was found that the WCJ erred in not incorporating Dr. Appleton's opinions regarding permanent disability, and the decision was amended to reflect that applicant's injury caused permanent disability of 65%. The WCJ also clarified that all
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ2726907
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