WCPanelIQ
PanelQMEMed-legalGranted in Part

Hall, Chadrick

CHADRICK HALL, Applicant vs. DHL EXPRESS; AIU INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ16212301
Decision date
Oct 28, 2024
District office
Oakland
WCJ
—
Claim administrator
Sedgwick Claims Management Services (TPA administering AIU Insurance Company)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: right ankle, right Achilles tendon

LC §111LC §3202LC §3202.5LC §3351LC §3600LC §5309LC §5310LC §5705LC §5908.5LC §5909CCR §10305CCR §10325CCR §10330CCR §10615CCR §10940CCR §10961CCR §10962

Summary

Applicant Chadrick Hall, a delivery driver for DHL Express, claimed he injured his right ankle/Achilles when he jumped out of his delivery truck on July 23, 2021. The WCJ initially found no industrial injury, deeming the applicant's testimony not credible and the QME's reports not substantial evidence. On reconsideration (December 2, 2022), the Board reversed, finding the QME reports constituted substantial medical evidence once supplemented with full records, and found industrial injury to the right ankle. Defendant then petitioned for reconsideration of that decision but improperly filed it with the DWC District Office rather than directly with the Appeals Board, causing the petition to languish past the 60-day deadline. The Board granted reconsideration to correct a clerical error (misidentifying Sedgwick as the carrier instead of AIU Insurance Company), applied equitable tolling under Shipley to reach the merits despite the lapse of the section 5909 deadline, and ultimately denied defendant's petition on the merits, affirming the industrial injury finding.

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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