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PanelGranted

Glick, Andrew

ANDREW GLICK, Applicant vs. SWIFT TRANSPORTATION SERVICES, LLC; PERMISSIBLY SELF-INSURED, ADMINISTERED BY CORVEL, Defendants

ADJ number: ADJ11799924
Decision date: Jan 29, 2024
District office: Van Nuys
WCJ: —
Claim administrator: CorVel (administering for Swift Transportation Services, LLC, permissibly self-insured)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: left knee, left shoulder, cervical spine, thoracic spine, lumbar spine, neurocognitive, sleep/arousal disorder, headaches, psyche, visual system

LC §4659LC §5101LC §4903LC §4906CCR §10844CCR §10775

Summary

Applicant Andrew Glick, a truck driver, was found permanently and totally disabled following a November 26, 2018 injury. The WCJ awarded a 15% attorney's fee of $97,275.16, calculated on the present value of the PTD award but assuming NO future cost-of-living adjustments (COLAs) under Labor Code section 4659(c). Applicant sought reconsideration, arguing the fee calculation improperly excluded the substantial value of future COLAs—which raised the award's present value from roughly $648,501 to over $1.14 million when a 3% SAWW increase was assumed. The WCAB granted reconsideration, agreeing the 15% fee rate was reasonable but holding that reasonably anticipated COLA increases must be included in the present-value calculation upon which fees are based. The matter was rescinded and returned to the trial level for the WCJ to determine an appropriate assumed average SAWW percentage and issue a fee award reflecting reasonably estimated annual COLAs.

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.