WCPanelIQ
PanelGranted in Part

Tiedemann, Breezi

BREEZI TIEDEMANN, Applicant vs. SUKUT CONSTRUCTION; AMERICAN COMPENSATION INSURANCE GROUP adjusted by TRISTAR, Defendants

ADJ number
ADJ17191297
Decision date
Mar 4, 2024
District office
Redding
WCJ
Curt Swanson
Claim administrator
TriStar (adjusting for American Compensation Insurance Group)
Commissioners
—

Injury / body parts: right hip, low back, right thigh, left ankle

Summary

Applicant Breezi Tiedemann, a traffic flagger, sustained industrial injuries to her right hip, low back, right thigh, and left ankle on 11/15/2022, including restrictions limiting her to driving no more than one to two hours per day. Defendant petitioned for reconsideration of a December 12, 2023 award of temporary total disability, arguing the start date should be corrected and that its 1/24/23 written modified work offer in Fairfield terminated its TD liability. The Board granted reconsideration to correct the TD start date from 11/29/22 to 11/30/22 (because applicant was paid four hours of 'show up time' on 11/29/22) but otherwise affirmed, finding the Fairfield job offer (and a possible Angels Camp offer) required driving that exceeded applicant's restrictions and thus was not a bona fide offer of work within her limitations. The Board amended Finding of Fact 6 to reflect that defendant did not offer modified or alternative work within applicant's restrictions and confirmed TD from 11/30/22 to 6/4/23, when applicant self-procured appropriate work. The outcome was a grant in part: the start date was corrected, but defendant's liability for TD continued through 6/4/23.

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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