WCPanelIQ
PanelQMEGranted in Part

Callander, Sharon

SHARON CALLANDER, Applicant vs. OAKLAND HEALTHCARE & WELLNESS CENTER, LLC; XL SPECIALTY INSURANCE, Defendants

ADJ number
ADJ17886767
Decision date
Apr 14, 2025
District office
Oakland
WCJ
—
Claim administrator
Intercare (administering for XL Specialty Insurance)
Commissioners
—

Injury / body parts: right wrist, right hand, head, neck, right arm, right shoulder, right hip, lumbar spine

LC §5402LC §5900LC §5909LC §5952CCR §10945

Summary

Sharon Callander, a 63-year-old on-call activity assistant, fell while leading recreational activities with elderly residents at a skilled nursing facility on March 16, 2023, injuring her right wrist and right hand. Defendant denied the claim arguing she was not scheduled to work that day and therefore was not in the course of employment. The WCJ found injury AOE/COE based on the credible testimony of applicant, co-worker Yordanos Ghebresadik, and Nurse Tina Torres (who heard the fall), concluding that whether or not applicant was scheduled, she was performing her usual job duties and conferring a benefit on the employer at the time of injury. The Appeals Board granted reconsideration only to clarify and amend Finding No. 4, but affirmed the substance of the WCJ's decision adopting the WCJ's Report. The Board relied on Wright v. Beverly Fabrics, which defendant failed to address, and noted defendant's petition did not comply with Rule 10945's record-citation requirements.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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