WCPanelIQ
PanelQMEGranted

Hill, Fleeta

FLEETA HILL, Applicant vs. COSTCO WHOLE FOOD CORP, PSI, ADMINISTRATED BY HELMSMAN MANAGEMENT, Defendants

ADJ number
ADJ16527694
Decision date
Apr 28, 2024
District office
Oakland
WCJ
—
Claim administrator
Helmsman Management Services (TPA for Costco Wholesale Corp., PSI)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: cervical spine, head, headaches, left shoulder, eyes (vision disturbance)

LC §4650LC §4651LC §4652LC §4653LC §4654LC §4655LC §4656LC §4657LC §4658.1LC §5803LC §5901LC §5907LC §5908LC §5908.5LC §5950

Summary

Fleeta Hill, a Costco maintenance assistant, sustained an accepted June 4, 2022 industrial injury to her cervical spine, head, and in the form of headaches, with disputed claims to her left shoulder and eyes. The WCJ found that Costco made a legally valid offer of modified/alternative work effective April 18, 2023, which applicant declined, terminating defendant's liability for temporary disability after that date. Applicant sought reconsideration, arguing the WCJ failed to consider whether the modified work offer was medically appropriate given that it required a roughly 2-hour-each-way commute to Vallejo from her new Manteca residence. The Appeals Board granted reconsideration on a preliminary basis, finding it unclear whether the offer was a bona fide offer under Dennis v. State of California, and deferred a final decision pending further study of the record and applicable law.

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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