WCPanelIQ
PanelRemanded

La Fountaine, Robert

ROBERT LA FOUNTAINE, Applicant vs. TRADER JOE’S COMPANY; ACE AMERICAN INSURANCE COMPANY, Defendants

ADJ number
ADJ9807196
Decision date
Apr 25, 2022
District office
Van Nuys
WCJ
—
Claim administrator
ACE American Insurance Company
Commissioners
CRAIG SNELLINGS, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: cervical spine, lumbar spine, upper gastrointestinal system, lower gastrointestinal system, headaches, diabetes

Summary

Applicant Robert La Fountaine sustained an industrial injury on September 17, 2014, to his cervical spine, lumbar spine, upper and lower gastrointestinal system, headaches, and diabetes while working for Trader Joe's Company. The WCJ's April 26, 2022 Amended Findings and Award found injury AOE/COE and held applicant entitled to home care in an extent to be determined. Defendant Ace American Insurance Company petitioned for reconsideration, challenging the findings regarding denial of medical care and entitlement to home care and reimbursement for self-procured home care. While reconsideration was pending, the parties participated in a commissioners' settlement conference and filed a fully executed Compromise and Release on December 15, 2023. To expedite review and approval, the Board rescinded the Amended Findings and Award and remanded the matter to the WCJ to consider the Compromise and Release.

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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