TIM SCHMIDT, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants
ADJ number
ADJ10192708
Decision date
Dec 1, 2024
District office
Van Nuys
WCJ
—
Claim administrator
State Compensation Insurance Fund (administering for legally uninsured California Department of Corrections and Rehabilitation)
Commissioners
—
Injury / body parts: ears, lower back, right knee, hearing loss
Tim Schmidt, a parole agent for CDCR, sustained admitted industrial injury to his ears, lower back, right knee, and hearing loss over a cumulative period from March 1, 1992 through March 28, 2012. The WCJ found him entitled to temporary disability benefits from March 28, 2012 through June 1, 2015 but did not specify an indemnity rate in the F&O, while referencing Labor Code section 4661.5. Defendant sought reconsideration, arguing the F&O failed to state a TD rate, that section 4661.5 was not an issue at trial, and that there was no meeting of the minds regarding the maximum rate stipulation, which it characterized as a unilateral mistake. The Board granted reconsideration, finding it unclear from the record whether the parties actually stipulated to the maximum TD rate, particularly as applied to section 4661.5. A final decision after reconsideration was deferred pending further study of the factual and legal issues.
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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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.