WCPanelIQ
PanelQMEGranted

Knapp, Lonnie

LONNIE KNAPP, Applicant vs. PALM SPRINGS UNIFIED SCHOOL DISTRICT, permissibly self-insured; administered by KEENAN & ASSOCIATES, Defendant

ADJ number
ADJ10892594
Decision date
Nov 17, 2024
District office
Anaheim
WCJ
—
Claim administrator
Keenan & Associates (administrator for permissibly self-insured Palm Springs Unified School District)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: left ear, hearing loss

LC §3202LC §5813LC §5900LC §5909CCR §10421CCR §10600CCR §10605

Summary

Lonnie Knapp, a teacher, sustained an industrial left ear hearing loss injury on January 25, 2017, which settled in 2021 for 51% permanent disability. After the WCJ denied his Petition for New and Further Disability and his request for a neurology QME, applicant sought reconsideration arguing the WCJ failed to liberally construe the law under section 3202. Rather than deciding the merits, the Appeals Board granted reconsideration to issue a Notice of Intention to Impose Sanctions against the defendant, its TPA, and defense counsel for repeatedly citing the unpublished Hancock decision after being expressly admonished by the WCJ. The Board found this conduct potentially violated WCAB Rule 10421 and section 5813 as bad-faith tactics, and deferred any final ruling on the substantive Petition for 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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