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PanelGranted

Rumenapp, Shawn

SHAWN RUMENAPP, Applicant vs. CITY OF LOS ANGELES, permissibly self-insured, administered by INTERCARE, Defendant

ADJ number: ADJ10534368
Decision date: Oct 13, 2024
District office: Marina del Rey
WCJ: —
Claim administrator: Intercare (administering for City of Los Angeles, permissibly self-insured)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: cervical spine, elbows, wrists, left knee, ankles, hypertensive heart disease, arrhythmia, psyche, left arm

LC §3858LC §3861LC §5313LC §5701LC §5803LC §5900LC §5901LC §5903LC §5906LC §5907LC §5908LC §5908.5LC §5909LC §5950LC §5952CCR §10600CCR §10787

Summary

Shawn Rumenapp, a City of Los Angeles police officer, sustained multiple injuries on July 13, 2016 when struck by a motor vehicle during employment, and the WCJ awarded 100% permanent total disability plus future medical care. Rumenapp also pursued a civil suit against Panera Bread and the driver, settling for $7.2 million with a net recovery of $3,506,121.21. Defendant petitioned for reconsideration arguing the WCJ erred by failing to award third-party credit under Labor Code sections 3858 and 3861 against compensation and future medical care. The Board granted reconsideration, noting the WCJ's Findings did not address the credit issue (other than referencing employer negligence in the Opinion) and that it was unclear whether the proper Cole/Martinez analysis was performed on a substantial-evidence record. The Board deferred a final decision pending further review of the merits and the entire 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.