A panel of the Workers’ Compensation Appeals Board of California recently decided to assess permanent disability at 78% instead of 80%, as awarded by the workers’ compensation administrative law judge on account of a computational error.

In the case of Burton vs. Motel 6; Liberty Mutual Insurance Company, a workers’ compensation administrative law judge found that the applicant, while employed as a housekeeper, sustained industrial injury to her lumbar spine, thoracic spine, left wrist, left hand, and gastrointestinal system, as well as injuries in the forms of xerostomia and opioid-induced endocrinopathy.

These industrial injuries caused permanent disability of 80%, the judge said.

The applicant asked for reconsideration. She made the following arguments:

• The workers’ compensation administrative law judge committed errors in the permanent disability finding;
• The applicant’s lumbar spine permanent disability should have incorporated the qualified medical evaluator chiropractor’s findings about range of motion impairment;
• Her left wrist impairment should have considered the chiropractor’s findings on lifting impairment;
• Her dental and internal permanent disability should be added to the orthopaedic permanent disability instead of being combined using the combined values chart;
• The applicant’s life pension rate was incorrectly calculated;
• The judge’s decision should include an express finding deferring the issue of penalties.

The panel of the Workers' Compensation Appeals...

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