WCPanelIQ
PanelRemanded

Bundy, Tylor

TYLOR BUNDY, Applicant vs. COUNTY OF SAN LUIS OBISPO; INTERCARE PASADENA, Defendants

ADJ number
ADJ9708136
Decision date
Sep 24, 2023
District office
San Luis Obispo
WCJ
—
Claim administrator
Intercare (administering for County of San Luis Obispo, permissibly self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: left knee, left hip

LC §5410LC §5803LC §5804LC §5805LC §5313LC §5815LC §5903LC §5952LC §5908.5LC §4660LC §4660.1

Summary

Applicant Tylor Bundy, a Sheriff's Correctional Deputy, settled a left knee injury claim via stipulated Award at 14% PD in April 2017. He then filed a Petition to Reopen alleging new and further disability (compensable consequence left hip condition per AME Dr. Lundeen) and increased diminished future earning capacity (DFEC) after accepting a voluntary demotion to Correctional Technician with reduced pay. The WCJ found good cause to reopen on new and further disability grounds but again awarded only 14% PD, rejecting applicant's DFEC contentions on the basis that applicant knew of an impending pay reduction before the original Award. The WCAB rescinded the F&A, holding that once good cause to reopen was found, the entire case was thrown open and sections 5313, 5815, and Hamilton required the WCJ to substantively address all issues, including the DFEC contentions. The Board also faulted the F&A for being nonspecific as to which hip was injured and for failing to explain why additional hip disability yielded unchanged PD levels. The matter was remanded for further proceedings.

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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