WCPanelIQ
PanelGranted

Canales, Aminta

AMINTA CANALES, Applicant vs. RAMONA’S MEXICAN FOOD, permissibly self-insured and administered by CALIFORNIA CLAIMS MANAGEMENT SERVICES, Defendant

ADJ number
ADJ7093760
Decision date
Jul 22, 2024
District office
Marina Del Rey
WCJ
—
Claim administrator
California Claims Management Services
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER
LC §4658LC §5903LC §5952LC §5313LC §5907LC §5908LC §5908.5LC §5803LC §5901LC §5950CCR §10787

Summary

Defendant, a permissibly self-insured employer administered by California Claims Management Services, sought reconsideration of a First Amended Findings and Award in which the WCJ found defendant owed applicant a 15% permanent disability increase under Labor Code section 4658(d)(2), payable commencing March 3, 2020. Defendant argued the proper commencement date should be November 30, 2022, while applicant's Answer contended she was permanent and stationary as of 2016 (though the Answer only asked the Board to deny the Petition). On preliminary review, the Board could find no finding in the record establishing when applicant became permanent and stationary or any award of permanent disability, noting that the issue of PD had been deferred since a 2015 third-party credit determination and never resolved. The Board granted reconsideration to allow further review and deferred issuance of a final decision pending consideration of 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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