WCPanelIQ
PanelDenied

Beltran, Angelica

ANGELICA BELTRAN, Applicant vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ11295290
Decision date
Aug 25, 2024
District office
Los Angeles
WCJ
Edgar Medina
Claim administrator
Sedgwick Claims Management Services, Inc.
Commissioners
—

Injury / body parts: lumbar spine, cervical spine

LC §5900CCR §10269CCR §10215CCR §10301CCR §10964CCR §10945CCR §10972

Summary

Applicant Angelica Beltran, a Special Education Assistant for LAUSD, sustained an admitted industrial injury to her lumbar and cervical spine on December 2, 2010. Her case settled by Stipulation with Request for Award approved in September 2022 for 7% permanent disability ($4,830 less attorney fees). When defendant terminated PD payments claiming the award was paid in full, applicant disputed ever receiving a $4,401.17 permanent disability advance check (No. 1012171) allegedly issued October 20, 2011. The WCJ found defendant failed to meet its burden of proving applicant received, cashed, or endorsed the check, and rejected the laches defense, ordering defendant to pay $4,106.00. The WCAB denied reconsideration, holding that without proof of addressing, mailing, or delivery, the Evidence Code section 641 mailing presumption did not apply, and even if it had, applicant's credible testimony rebutted it.

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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