WCPanelIQ
PanelQMEMed-legalGranted

Butler, Meteil

METEIL BUTLER, Applicant vs. WELLPOINT, INC.; ZURICH INSURANCE, self-administered, Defendants

ADJ number
ADJ9978616
Decision date
Dec 25, 2023
District office
Van Nuys
WCJ
—
Claim administrator
Zurich Insurance, self-administered
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: lumbar spine, cervical spine, bilateral shoulders, bilateral wrists (carpal tunnel syndrome)

LC §5410LC §5407LC §5952LC §5313LC §5701LC §5906LC §5804

Summary

In consolidated cases involving customer service representative Meteil Butler, the WCJ issued a Joint Findings of Fact, Order and Award finding industrial injury to the lumbar spine (ADJ9978616) and to the cervical spine, bilateral shoulders, and bilateral wrists/carpal tunnel syndrome (ADJ11697949). Defendant sought reconsideration arguing the WCJ failed to state the amount of permanent disability owed in ADJ11697949. The WCAB granted reconsideration and rescinded the F&A, finding the record was inadequately developed. In ADJ9978616, although applicant filed a petition to reopen, the parties never framed the issues of good cause to reopen, the change in physical condition constituting new and further disability, or the amount of PD benefits. In ADJ11697949, the parties failed to frame the amount of permanent disability for trial and the record was not developed as to the PD rating. The Board deferred these issues and returned the matter to the trial level for further development.

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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