WCPanelIQ
PanelDismissed

McIntosh, Earnest

EARNEST MCINTOSH, Applicant vs. SAIA LTL FREIGHT; ACE AMERICAN INSURANCE COMPANY, administered by BROADSPIRE, Defendants

ADJ number
ADJ16936069
Decision date
Mar 9, 2025
District office
Sacramento
WCJ
—
Claim administrator
Broadspire
Commissioners
—

Injury / body parts: various body parts (unspecified)

LC §5909LC §5900LC §5804LC §5803LC §5702LC §5804LC §4656LC §5313LC §5815LC §5804CCR §10629CCR §10610CCR §10625CCR §10628CCR §10600CCR §10700CCR §10803CCR §10750CCR §10758CCR §10759CCR §10832

Summary

Applicant Earnest McIntosh, a forklift driver who claimed injury on September 7, 2022, filed a pro per Petition for Reconsideration on December 26, 2024, of the December 6, 2024 Order Approving Compromise and Release (OACR), contending he was entitled to additional temporary disability benefits for October 2023 to March 2024. The Board found the petition premature because a challenge to an OACR is properly brought as a petition to set aside the OACR, not a petition for reconsideration. The Board noted unresolved factual issues regarding missing TD checks raised in applicant's earlier DORs and the absence of the benefits printout (BPO) from the adjudication file. Emphasizing due process and the WCJ's duty to make determinations on all issues, the Board dismissed the petition and returned the matter to the trial level, recommending the WCJ treat applicant's petition as one to set aside the OACR and hold a hearing.

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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