WCPanelIQ
PanelDenied

Cain, Nannette

NANNETTE (NANETTE) CAIN, Applicant vs. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ16642926
Decision date
Nov 19, 2023
District office
San Luis Obispo
WCJ
John E. Durr
Claim administrator
State Compensation Insurance Fund
Commissioners
—
LC §4656CCR §599.759

Summary

Applicant Nannette Cain, an employee of the California Department of Forestry and Fire Protection, sustained admitted industrial injuries and was placed on Industrial Disability Leave (IDL) while temporarily totally disabled. She sought to either elect Temporary Total Disability (TTD) in lieu of IDL or supplement her IDL with TTD because her TTD rate ($1,539.71) exceeded her IDL payment ($1,179.69). The WCJ found she was not statutorily entitled to elect TTD in lieu of IDL, that the supplementation issue was not ripe (administrative remedies not exhausted), and that the WCAB lacked jurisdiction over IDL supplementation issues. The WCAB adopted and incorporated the WCJ's Report and denied reconsideration as to ADJ16642926 and ADJ16642919, and dismissed it as to ADJ16642843 and ADJ10791190 where no decision had issued.

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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