WCPanelIQ
PanelQMEMed-legalDenied

Cano Garcia, Lucila

LUCILA CANO GARCIA, Applicant vs. PACIFIC GOLD FARMS, INC.; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number
ADJ12472531
Decision date
Jul 8, 2024
District office
Salinas
WCJ
Kathleen A. Chassion
Claim administrator
Insurance Company of the West
Commissioners
—

Injury / body parts: low back, left shoulder, hemorrhoids (temporary aggravation), bilateral knees

LC §4650LC §5100LC §4659CCR §10964

Summary

Applicant Lucila Cano Garcia, appearing in pro per after dismissing her attorney, filed a Petition for Reconsideration challenging her April 19, 2024 Findings and Award on two grounds: that her attorney did not include her in settlement negotiations and that her disability benefits were ordered paid bi-weekly over time rather than as a lump sum. The WCJ had awarded applicant all benefits she claimed after trial, including an increase in permanent disability from 62% to 74% in ADJ10801649 with a life pension, plus compensable consequence left shoulder injury and future medical treatment in both cases. The Board found applicant was not aggrieved because she received everything she sought after trial, not via settlement negotiations, so any failure to include her could not have harmed her recovery. The Board further explained that bi-weekly payments are required by Labor Code section 4650(c), but applicant could file a Petition for Commutation under Labor Code section 5100 if she met financial hardship requirements. The Petition for Reconsideration was denied.

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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