WCPanelIQ
PanelGranted

Street, Shane

SHANE STREET, Applicant vs. JD2 INCORPORATED; FEDERAL INSURANCE COMPANY C/O GALLAGHER BASSETT, Defendants

ADJ number
ADJ16197947
Decision date
Aug 11, 2024
District office
Sacramento District Office
WCJ
Melissa C. Brown (Arbitrator)
Claim administrator
Gallagher Bassett (for Federal Insurance Company)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5412LC §3201.5LC §3201.7LC §5313LC §5952LC §3600LC §5500.5CCR §10990CCR §10914CCR §10962CCR §10566

Summary

Shane Street, an ironworker employed by JD2 Incorporated, was awarded temporary total disability after a workers' compensation arbitrator (WCA) found he sustained an industrial cumulative injury. Defendant sought reconsideration, arguing the F&A failed to address the date of injury under section 5412, the medical reporting was not substantial evidence supporting AOE/COE, and that the TTD commencement dates in the Findings of Fact and Award were inconsistent and exceeded the 104-week statutory cap. The WCA recommended dismissal for noncompliance with WCAB Rule 10990. The Appeals Board found the arbitration record was incomplete because it lacked the stipulations and issues submitted for decision, preventing meaningful review. The Board granted reconsideration, rescinded the F&A, and returned the matter to the trial level for further proceedings, offering nonbinding guidance on framing body parts, date of injury under section 5412, and period of liability under section 5500.5.

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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