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PanelDenied

Jolley, Robert

ROBERT JOLLEY, Applicant vs. UNITED MECHANICAL, INC.; ZURICH AMERICAN INSURANCE COMPANY, administered by ZURICH NORTH AMERICA, Defendants

ADJ number: ADJ12014398
Decision date: Mar 27, 2025
District office: San Francisco
WCJ: Lawrence A. Keller
Claim administrator: Zurich North America (administering for Zurich American Insurance Company)
Commissioners: —

Injury / body parts: neck

LC §3856LC §3858LC §3860LC §3861LC §5701LC §5705LC §5706LC §5900LC §5902LC §5906LC §5909LC §6306LC §6400LC §6401LC §6402LC §6403LC §6404CCR §10600CCR §10940CCR §10945CCR §10964CCR §10972

Summary

Applicant Robert Jolley sustained an industrial neck injury on March 8, 2019 when he tripped over blue containers (placed by property owner Stanford) while carrying construction supplies into a modular unit. He recovered a net $536,846.16 settlement in a third-party negligence suit against Whiting Turner. Defendant United Mechanical, Inc. petitioned for credit under Labor Code sections 3858 and 3861 against its workers' compensation liability. The WCJ found no employer negligence that would bar or reduce the credit and awarded full credit equal to applicant's net civil recovery, subsuming a TTD underpayment differential. The WCAB adopted the WCJ's Report, finding applicant failed to meet his burden of proving the employer knew or should have known of the dangerous condition, and denied reconsideration.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.