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PanelGranted

Dowden, Donna

DONNA DOWDEN, Applicant vs. STATE OF CALIFORNIA/DEPARTMENT OF JUSTICE; STATE COMPENSATION INSURANCE FUND; SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number: ADJ14359855
Decision date: Date unavailable
District office: Oakland
WCJ: —
Claim administrator: State Compensation Insurance Fund (SCIF)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: bilateral knees, low back, right elbow

LC §5803

Summary

Donna Dowden, a Criminalist Supervisor for the State of California, Department of Justice (legally uninsured, adjusted by SCIF), sustained cumulative trauma injury through 1/15/21 to her bilateral knees, low back, and right elbow. The WCJ issued an F&A awarding 28% permanent disability and ongoing medical care 'against SCIF State Employees.' Defendant sought reconsideration arguing that the Department of Justice, not SCIF, was the actual employer and the proper liable party, since SCIF merely provides adjustment services to legally uninsured state agencies. The Board agreed, finding good cause under Labor Code section 5803 to amend the award. The Board granted reconsideration and amended the F&A to name State of California, Department of Justice as the liable party, otherwise affirming the 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.