Martin Selko & Co.; State Compensation Insurance Fund, Joel De La Cerda, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOEL DE LA CERDA,Applicant,vs.MARTIN SELKO & CO.; STATE COMPENSATION INSURANCE FUND,Defendants.Case No. ADJ2970937 (VNO 0504765)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, Joel De La Cerda, seeks reconsideration of the Findings of Fact and Award, issued September 13, 2017, in which a workers’ compensation administrative law judge (WCJ) found applicant sustained 93 % permanent disability, after apportionment, as a result of a June 27, 2003 industrial injury to his neck, low back, right shoulder, cardiovascular system (hypertension), gastrointestinal system (GERD), pulmonary system (RAD), central nervous system (sleep disorder), neurological system (headaches) and psyche, while employed as a laborer by Martin Seiko & Company. Applicant contests the WCJ’s award of 93% permanent disability, contending that the WCJ should have followed the opinion of the Agreed Medical Examiner (AME), who stated that to most accurately calculate the extent of applicant’s permanent disability, applicant’s impairment ratings should be added rather than combined using the Combined Value Chart (CVC). Applicant asserts that the opinion of the AME would result in a finding of 100% permanent disability. Applicant further argues that the WCJ should have followed the opinion of the vocational expert who found that due to the effects of his industrial injury applicant was unable to benefit from vocational rehabilitation services and is permanently totally disabled. Defendant has not filed an Answer to applicant’s Petition for Reconsideration. The WCJ has prepared a Report and Recommendation on Petition for Reconsideration, in which he recommends that applicant’s Petition be denied. For the reasons set forth herein, we will grant reconsideration, rescind the WCJ’s determi
Joel De La Cerda, vs. Martin Selko & Co.; State Compensation Insurance Fund,
(VNO 0504765)This case involves a worker, Joel De La Cerda, who sustained an admitted injury to his neck, low back and right shoulder on June 27, 2003, and claimed injury to multiple internal systems, as a consequence of his admitted injury. The issues of the contested body parts, permanent disability and apportionment were tried on March 27, 2017. The worker was evaluated by Agreed Medical Examiners in psychiatry, orthopedics and internal medicine. The Workers' Compensation Appeals Board granted the worker's Petition for Reconsideration, rescinded the WCJ's determination, and returned the matter to the trial level for further clarification by the AME of the reason he stated that the worker's impairment ratings
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ2970937
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