WCPanelIQ
PanelGranted

Regalado, Danny

DANNY REGALADO, Applicant vs. COUNTY OF LOS ANGELES, permissibly self-insured, adjusted by SEDGWICK CMS, Defendants

ADJ number
ADJ10470278
Decision date
Mar 2, 2025
District office
Van Nuys
WCJ
—
Claim administrator
Sedgwick CMS (for permissibly self-insured County of Los Angeles)
Commissioners
—

Injury / body parts: lumbar spine, right upper extremity, right shoulder, right elbow, right wrist, right hand

LC §4663LC §4664LC §5412LC §5909LC §5900LC §5950LC §4656LC §4850LC §5705LC §5901LC §5907LC §5908LC §5908.5LC §5803

Summary

Applicant Danny Regalado and defendant County of Los Angeles (self-insured, adjusted by Sedgwick CMS) both sought reconsideration of a December 3, 2024 F&A. In ADJ14346787, the WCJ found a lumbar cumulative trauma ending January 15, 2016, awarded TD from July 21 through September 22, 2016, found 32% PD, and declined to apportion under section 4663 based on the anti-attribution clause. In ADJ9216939, the WCJ found a specific September 20, 2013 injury to the right upper extremity resulting in 36% PD. Applicant argued the TD period should begin February 18, 2016; defendant challenged the section 5412 date of injury, the TD overpayment calculation, the PD rate, and the application of the section 4663(e) anti-attribution clause. The WCJ conceded error on the TD period and PD rate. The Appeals Board granted both petitions but deferred a final Decision After Reconsideration to allow further study of the merits, particularly apportionment.

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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