WCPanelIQ
PanelQMELienGranted in Part

Richter, Mark

MARK RICHTER, Applicant vs. FRONTIER COMMUNICATIONS; ZURICH, Defendants

ADJ number
ADJ12335903
Decision date
Jan 4, 2024
District office
San Diego
WCJ
Alicia D. Hawthorne
Claim administrator
Zurich North America
Commissioners
—

Injury / body parts: psyche, urological system, back

LC §4903LC §4904LC §4650LC §5814CCR §10945

Summary

Applicant Mark Richter sustained admitted industrial psychiatric, urological, and back injuries while working as a field technician on August 18, 2018. The WCJ found applicant entitled to 104 weeks of temporary total disability and denied defendant credit for EDD-paid benefits because, at the time of trial, defendant had not reimbursed EDD. Defendant (Zurich) sought reconsideration, arguing it should receive credit for EDD payments. The Board granted reconsideration to clarify the TD period (August 25, 2018 to August 23, 2020), to confirm defendant gets credit for TD payments it previously made, to affirm that defendant is NOT entitled to credit for EDD-paid benefits, and to direct the award against the carrier rather than the employer. The TD indemnity rate was deferred subject to proof.

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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