WCPanelIQ
PanelQMEMed-legalLienDenied

Jan, Robert

ROBERT JAN, Applicant vs. MENLO COLLEGE, NORTH RIVER INSURANCE COMPANY, administered by CRUM & FORSTER, Defendants

ADJ number
ADJ10808328
Decision date
Nov 14, 2024
District office
San Francisco
WCJ
Elizabeth Dehn
Claim administrator
Crum & Forster (administering for North River Insurance Company)
Commissioners
—

Injury / body parts: right knee, right shoulder

LC §5909LC §5900LC §4903LC §4906LC §5903LC §5902LC §4600LC §5814LC §4621LC §4903.2CCR §10844CCR §10955CCR §10940CCR §10205.5

Summary

Robert Jan, a golf coach at Menlo College, sustained an industrial injury to his right knee and right shoulder on November 20, 2016, requiring multiple surgeries including a right total knee replacement. After trial, the WCJ awarded temporary total disability, 35% permanent partial disability, a Labor Code section 5814 penalty for unreasonable delay, and a 10% attorney fee, while ordering further development of the record on self-procured medical expenses. Applicant petitioned for reconsideration challenging the 10% attorney fee, seeking reimbursement for QME travel expenses, and requesting a 15% fee on EDD's lien recovery. The Board adopted the WCJ's Report and denied reconsideration, finding the 10% fee supported by substantial evidence given counsel's deficiencies, the travel reimbursement issue not properly raised and already subject to further development, and no fee available on the EDD lien because EDD participated in the proceedings.

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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