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PanelQMEGranted

Agaiby, Osama

OSAMA AGAIBY, Applicant vs. CITY OF CULVER CITY, permissibly self-insured, adjusted by INTERCARE, Defendants

ADJ number: ADJ15643990
Decision date: Jul 22, 2024
District office: Van Nuys
WCJ: —
Claim administrator: Intercare
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck, back, left shoulder, right shoulder, left knee, right knee, face/head, bilateral wrists (carpal tunnel syndrome)

LC §4850LC §4850.3LC §4656LC §5701LC §5803LC §5900LC §5901LC §5906LC §5907LC §5908LC §5908.5LC §5909LC §5950CCR §10600

Summary

Police captain Osama Agaiby sustained a specific injury on August 5, 2020 (neck, back, both shoulders, both knees) and a separate cumulative trauma claim for bilateral carpal tunnel syndrome (May 1, 1994 to February 8, 2021). The WCJ awarded two separate full years of Labor Code section 4850 benefits, one per injury, despite the temporary disability periods partially overlapping. Defendant City of Culver City sought reconsideration, arguing that section 4850 benefits paid during overlapping TD periods should be credited to both dates of injury, precluding separate full-year awards. The Appeals Board granted reconsideration to study the issue, noting a split of authority and the Supreme Court's pending review in the related Ayala matter. The Board deferred a final decision pending further review and possible development of the record.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.