WCPanelIQ
PanelQMELienGranted in Part

Ghobrial, Gergis

GERGIS GHOBRIAL, Applicant vs. SURGICAL AFFILIATES MANAGEMENT GROUP, INCORPORATED; HARTFORD CASUALTY INSURANCE COMPANY, Defendants

ADJ number
ADJ12906041
Decision date
Jul 11, 2024
District office
Long Beach
WCJ
—
Claim administrator
Hartford Casualty Insurance Company
Commissioners
—

Injury / body parts: psyche, heart, wrists, hands, neck, back, brain, balance, sleep disorder, chest pain

LC §4661.5LC §4656LC §4903LC §4904

Summary

Applicant Gergis Ghobrial, a self-represented general and trauma surgeon, sustained an industrial psyche injury on October 31, 2019. Both applicant and defendant petitioned for reconsideration of the WCJ's finding that applicant's temporary disability period ran from February 1, 2020 to February 1, 2022, arguing instead that the period should commence December 28, 2019. The Board agreed with both parties, finding wage loss was inferred as of December 2019 consistent with applicant's receipt of EDD unemployment disability benefits. The Board affirmed the WCJ's other findings, including the 104-week TTD cap under Labor Code section 4656(c)(2) and defendant's entitlement to credit for its settlement of the EDD lien. The Board granted reconsideration and amended the decision to reflect a TTD period of December 28, 2019 to December 26, 2021.

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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