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PanelRemanded

Woods, Roderick

RODERICK WOODS, Applicant vs. CITY OF RICHMOND, permissibly self-insured, administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES, Defendants

ADJ number: ADJ12430442
Decision date: Date unavailable
District office: Oakland
WCJ: Ronnie Caplane (Arbitrator)
Claim administrator: Acclamation Insurance Management Services
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: prostate

LC §4853LC §3201.5LC §3201.7LC §5952CCR §10990CCR §10962

Summary

Roderick Woods sought temporary disability indemnity arising from prostate surgery, but a workers' compensation arbitrator (WCA) denied TD benefits based on Labor Code section 4853 and an August 22, 2017 stipulated agreement made in conjunction with his industrial disability retirement. Applicant petitioned for reconsideration, arguing the arbitrator failed to consider his uncontradicted testimony and that the retirement stipulation does not bar TD entitlement. The Appeals Board granted reconsideration but found it could not conduct meaningful review because the arbitrator never submitted the complete electronic record of proceedings required by WCAB Rule 10990(f)(3). Citing due process principles, the Board rescinded the Findings and Order and returned the matter to the arbitrator for further proceedings, allowing any aggrieved party to seek reconsideration after a new decision issues.

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.