Permanent Total Disability Award for a Combined Specific and Cumulative Trauma Claims Awarded
- Posted By: Harvey Brown
- July 1, 2022
This is a Workers’ Compensation Appeals Board (WCAB) Panel decision
This is a very significant case for workers’ compensation principles.
The applicant fell from a ladder to the floor on April 12, 2012. She underwent a laminectomy in March of 2013 and returned to work shortly thereafter. She stopped working April 8, 2013.
Applicant filed a specific for the April 12th fall. Applicant filed a cumulative trauma through April 8ty 2013. The applicant had a spinal cord stimulator which was later removed. The applicant became wheelchair bound.
The applicant was seen by an Agreed Medical Examiner. (AME) who determined the applicant had failed back syndrome. The AME determined the low back disability could not be apportioned between the two injuries. He gave the applicant a 80 per cent whole person impairment but determined she was totally disabled from a medical standpoint.
At trial, the Worker’s Compensation Judge (WCJ) consolidated applicant’s specific and cumulative trauma cases. He awarded 100 percent disability without apportionment between injuries. Defendant filed a Petition for Reconsideration.
The Workers’ Compensation Appeals Board (WCAB) indicated the burden of apportionment is on defendant. The AME was unable to apportion between injuries because they were inextricably intertwined. Therefore, the award of 100 percent disability was approved.
Lee v MakeshopNcompany
Editor: Harvey Brown
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