LARRY WALTER, Applicant vs. LOCKHEED MARTIN; ACE AMERICAN INSURANCE, Administered by ESIS CHATSWORTH, Defendants
ADJ number
ADJ919541
Decision date
Jan 29, 2024
District office
Van Nuys
WCJ
Jeffrey Marrone
Claim administrator
ESIS Chatsworth (administering ACE American Insurance)
Commissioners
—
Injury / body parts: neck, bilateral feet, psych, stomach, lungs, teeth, bruxism, bilateral lower extremities, polyneuropathy, bilateral upper extremities, internal, head, headaches, liver, kidneys, both ankles, both arms, both hands, sleep disorder, low back, jaw
LC §5903LC §5814LC §5814.5LC §4656
Summary
Applicant Larry Walter sustained four injuries (three specific and one cumulative trauma) while employed as a flight mechanic by Lockheed Martin between 2001 and 2006. Following a June 10, 2021 Findings and Award, disputes arose over the timeliness and accuracy of post-award TD and PD payments, leading to a November 7, 2022 decision finding that the carrier timely paid TD but untimely paid PD, triggering penalties, interest, and attorney's fees. The carrier petitioned for reconsideration, and the WCJ candidly conceded miscalculations in both TD credit/overpayment and PD rate computations. The WCAB granted reconsideration, adopted and incorporated the WCJ's report, rescinded the November 7, 2022 decision, and returned the matter to the trial level for further proceedings—including recalculation by a forensic accountant. This was expressly not a final decision on the merits.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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.