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PanelRemanded

McKinney, Walter

WALTER McKINNEY, Applicant vs. CITY OF DESERT HOT SPRINGS, permissibly self-insured, administered by ADMINSURE, INC., Defendants

ADJ number: ADJ12331852
Decision date: May 30, 2024
District office: Santa Ana
WCJ: —
Claim administrator: AdminSure, Inc.
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: coccidioidomycosis meningitis (Valley Fever), lungs, brain/central nervous system

CCR §10961

Summary

Applicant Walter McKinney filed a petition for reconsideration of the WCJ's March 27, 2023 Findings and Order, which found he did not sustain an industrial injury in the form of coccidioidomycosis meningitis (Valley Fever) and ordered him to take nothing. The Board granted reconsideration to study the factual and legal issues. While the matter was pending, the parties participated in a commissioners' settlement conference at the Board's request and agreed to resolve the case by Compromise and Release as to all issues. Because the District Office cannot act on a case pending reconsideration under CCR section 10961, the Board rescinded the March 27, 2023 Findings and Order and returned the matter to the WCJ to consider the Compromise and Release. The Board emphasized its decision was not a ruling on the merits and that the WCJ could reinstate her decision if she did not approve the settlement.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.