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PanelQMEMed-legalGranted

Kendall, Christopher

CHRISTOPHER KENDALL (DECEASED), Applicant vs. SUNRUN, INC.; LIBERTY INSURANCE CORPORATION, administered by LIBERTY MUTUAL, Defendants

ADJ number: ADJ15137561
Decision date: Mar 12, 2024
District office: Sacramento
WCJ: —
Claim administrator: Liberty Mutual (administering Liberty Insurance Corporation)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: lower leg, left leg, head, cognitive (psyche)

LC §4700LC §5406CCR §10955CCR §10390CCR §10787CCR §10617CCR §10517CCR §10632CCR §10397CCR §10492

Summary

Christopher Kendall claimed a December 18, 2019 specific injury while working as a solar installer for Sunrun, Inc., and died by suicide on March 27, 2021. Decedent's counsel filed an inter vivos Application for Adjudication on August 6, 2021 (after death, unsigned by decedent) and a death case Application on December 21, 2021 (listing decedent as applicant with no dependents). Defendant sought removal of a May 16, 2023 WCJ order taking the case off calendar to complete QME discovery before litigating threshold issues of standing, party identity, and the statute of limitations. The Board granted removal, finding the record failed to adequately identify the person or persons actually claiming benefits and their legal relationship to the decedent. The Board rescinded the off-calendar order and returned the matter to the trial level to identify claimants and possibly amend pleadings, emphasizing liberal pleading rules and adjudication on the merits.

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.