JOSEPH MONTECINO, Applicant vs. STEAD MOTORS, INC.; SERVICE AMERICAN INDEMNITY COMPANY, administered by BROADSPIRE, Defendants
ADJ number
ADJ16741292
Decision date
Feb 2, 2025
District office
Oakland
WCJ
Lilla J. Szelenyi
Claim administrator
Broadspire (administering for Service American Indemnity Company)
Commissioners
—
Injury / body parts: left index finger, lower back, left hand
LC §4656LC §5909LC §5900CCR §10600CCR §10955
Summary
Applicant Joseph Montecino, a service technician, sustained injury on September 13, 2022, when an engine fell on his left hand, amputating part of his left index finger; the finger was subsequently reattached via replantation surgery, and he also injured his lower back. Defendant terminated temporary disability benefits at the 104-week cap, but the WCJ found applicant qualified for the 240-week extension under Labor Code section 4656(c)(3)(C) because he suffered an amputation, and that he remained totally temporarily disabled per the PQME and treating physician. Defendant sought reconsideration, arguing that replantation removed the injury from the 'amputation' exception and that the TTD finding lacked medical support. The Appeals Board granted reconsideration solely to correct a clerical error in Award 'b' (cross-referencing the correct Finding of Fact regarding attorney's fees) and otherwise affirmed the WCJ's decision, adopting the WCJ's Report. The Board found that replantation does not negate an amputation for purposes of the extended TTD period.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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