WCPanelIQ
PanelLienGranted in Part

Guerrero, Luisa

LUISA GUERRERO, Applicant vs. WALMART; ACE AMERICAN INSURANCE COMPANY adjusted by SEDGWICK, Defendants

ADJ number
ADJ7033773
Decision date
Dec 3, 2023
District office
Los Angeles
WCJ
—
Claim administrator
Sedgwick (adjusting for ACE American Insurance Company)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: back, neck, psyche, stomach, head, eye, shoulders, legs, foot, sleep, headaches, GERD, IBS, urinary incontinence

LC §4650LC §5001LC §5002LC §5300LC §5301LC §5903LC §4901LC §4903CCR §10700

Summary

Applicant Luisa Guerrero, a Walmart stocker, sustained an admitted specific injury on June 19, 2009. The WCJ awarded TD benefits at $324/week with a 10% section 4650(d) penalty, ordered EDD reimbursement of $2,027.86, and ordered that applicant's benefits be held in trust and, absent a timely petition, disposed of under California's unclaimed property laws. Defendant sought reconsideration, arguing EDD's claim was settled via a lien agreement for $6,767.58 and that trust funds should not accrue interest. The Board denied reconsideration on the EDD and interest issues but granted it to rescind the unclaimed-property portion, holding the WCJ lacked jurisdiction to order the funds disposed of under the unclaimed property laws. The F&O was affirmed except for the rescinded ordering paragraph (b).

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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