WCPanelIQ
PanelQMEMed-legalGranted in Part

Judge, Mark

MARK JUDGE, Applicant vs. TOSCA SERVICES, LLC; OLD REPUBLIC INSURANCE, administered by GALLAGHER BASSETT SERVICES, Defendants

ADJ number
ADJ14365258
Decision date
Oct 21, 2024
District office
Van Nuys
WCJ
—
Claim administrator
Gallagher Bassett Services (administering for Old Republic Insurance)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: right eye

LC §4656LC §5909LC §5900LC §3202.5LC §5903LC §5952LC §5701LC §5906LC §4650LC §5814CCR §10600CCR §10945

Summary

Applicant Mark Judge, a forklift driver, sustained an industrial injury to his right eye on September 25, 2020. The WCJ awarded temporary total disability from November 1, 2020 to March 31, 2021 and from September 14, 2021 continuing up to 240 weeks under Labor Code section 4656(c)(3)(F) and (G), finding the injury resulted from either a chemical burn or high-velocity eye injury. Defendant sought reconsideration, arguing the medical record did not support the earlier TTD period or the extended TTD entitlement based on the mechanism of injury. The Appeals Board granted reconsideration, rescinded the F&A, and substituted new findings that deferred both the November 2020–March 2021 TTD period and the section 4656(c)(3) mechanism-of-injury issue, finding the record was not substantial evidence on these points. The matter was returned to the trial level for development of the record on disability status, work restrictions, return-to-work offers, and the specific mechanism of injury expressed to a reasonable medical probability.

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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