EDDIE HUERTA, Applicant vs. OLD DOMINION FREIGHT LINE; ACE AMERICAN INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC., Defendants
ADJ number
ADJ14819876
Decision date
Jan 15, 2024
District office
Van Nuys
WCJ
S. Michael Cole
Claim administrator
Gallagher Bassett Services, Inc. (administering Ace American Insurance Company)
Commissioners
—
Injury / body parts: lumbar spine, left lower extremity (claimed, not found compensable)
LC §5902CCR §10945CCR §10972
Summary
Eddie Huerta, a truck driver for Old Dominion Freight Lines, sustained an admitted injury to his low back on June 9, 2021. After trial, the WCJ issued partial findings establishing an average weekly wage of $1,856.33 (temporary partial rate of $1,237.55), a TD period from 6/10/21 through 5/1/22, EDD reimbursement, and ordered further development of the record on permanent disability/apportionment. Defendant Ace American Insurance petitioned for reconsideration arguing the WCJ erred in calculating average weekly wages and that the TD award was not calculable due to a credit issue for duplicative EDD payments. The Board granted reconsideration solely to correct the date of injury to the stipulated June 9, 2021, found the petition skeletal and lacking specific record citations, and otherwise affirmed the WCJ's decision adopting his report.
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.
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