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PanelQMEDenied

Jimenez, Angel

ANGEL JIMENEZ, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF CALIFORNIA HIGHWAY PATROL, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Defendants

ADJ number: ADJ11168233
Decision date: Mar 25, 2024
District office: San Luis Obispo
WCJ: James M. Zerboni
Claim administrator: State Compensation Insurance Fund (adjusting agent for State of California, Department of California Highway Patrol, legally uninsured)
Commissioners: —

Injury / body parts: brain, circulatory system

LC §4658.7LC §4658.1

Summary

Applicant Angel Jimenez, a CHP officer, suffered a continuous trauma injury (stroke) from 10/26/16-10/26/17. QME Dr. Baum issued a September 13, 2018 report finding applicant 97% permanently disabled, but defendant did not offer regular, modified, or alternative work within 60 days of receiving that report. Years later, the parties stipulated to a 100% permanent total disability award. The WCJ found applicant entitled to a Supplemental Job Displacement Benefit (SJDB) voucher because the duty to provide the voucher attached in 2018 when defendant failed to offer qualifying work after receiving the QME report finding permanent partial disability. The WCAB denied defendant's Petition for Reconsideration, adopting and incorporating the WCJ's Report and Opinion on Decision.

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.