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PanelRemanded

Acosta, Julie

JULIE ACOSTA, Applicant vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION – CALIFORNIA MEN’S COLONY, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ17245720
Decision date: Dec 3, 2023
District office: San Luis Obispo
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: —

LC §3202.5LC §5705LC §5903LC §5952LC §3202CCR §10964

Summary

Julie Acosta, a material and store supervisor for CDCR's California Men's Colony, sustained an industrial injury on September 2, 2021, and took a service-connected retirement effective January 1, 2023, testifying she retired due to pain from her industrial injury. The WCJ found that her retirement did not relieve the employer of the duty to offer modified duty and awarded temporary disability resuming July 5, 2023 and continuing. SCIF sought reconsideration, arguing applicant retired from the labor force entirely and thus suffered no wage loss, and that there was no medical evidence supporting a continuing retroactive TD award. The Board granted reconsideration, holding that under Gonzales applicant's retirement did not automatically preclude TD because she retired due to her injury, but the open-ended TD award lacked substantial evidence and was premature. The Board amended the findings to defer the issue of TD entitlement and returned the matter to the trial level.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.