Judge's rating for reproductive impairment challenged since worker’s tubal ligation was by choice
An employee’s elective tubal ligation - surgical procedure to prevent pregnancy - caused emotional and social ramifications that affected her work, as supported by the findings of her primary treating physician, a panel of the Workers’ Compensation Appeals Board of California recently said.
The applicant in the case of Chandok vs. Subsequent Injuries Benefits Trust Fund was working as a cashier/waitress for AAK, LLC doing business as Shan Restaurant in Santa Clara, California. In April 2016, she sustained a third-degree burn – resulting in injuries to her skin, left shoulder, left wrist, and thumb – while performing her usual and customary duties arising out of and in the course of her employment.
In February 2017, the parties resolved the workers’ compensation claim by compromise and release. The applicant was awarded $100,000.
The applicant then asked for benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). She claimed that she had preexisting disability involving the following:
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The applicant’s primary treating physician for her work-related injury provided opinions about the impairments caused by her...
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