WCPanelIQ
PanelMed-legalDenied

Sampson, Sylvester

SYLVESTER SAMPSON, Applicant vs. IHSS CALIFORNIA DEPARTMENT OF SOCIAL SERVICES; permissibly self-insured, administered by INTERCARE, Defendants

ADJ number
ADJ9635702
Decision date
Date unavailable
District office
San Diego
WCJ
Michelle M. Utter
Claim administrator
Intercare (administering for IHSS California Department of Social Services, permissibly self-insured)
Commissioners
—

Injury / body parts: lumbar spine, cervical spine, bilateral shoulders, nose, abdomen, chest, lung, throat, heart, sinuses, kidney, bilateral hips, feet, tailbone, buttocks, penis, coccyx, bladder, brain, neck, back, nervous system, head, hip, legs, excretory system

LC §5902CCR §10842CCR §10945CCR §10846CCR §10972

Summary

Applicant Sylvester Sampson, a 73-year-old former IHSS caregiver appearing in pro per, petitioned for reconsideration of the WCJ's September 13, 2023 Findings and Order across five consolidated cases. The WCJ had denied a Petition to Reopen on the accepted 2014 injury (ADJ9635702) finding no new and further disability per AME Dr. Lane, found applicant was not employed by IHSS on the claimed injury dates in 2016 (ADJ11702059, ADJ11702061, ADJ11702062), and declined to set aside the stipulated dismissal of ADJ96335701. The Appeals Board denied reconsideration, adopting the WCJ's report on the merits and additionally noting that applicant's petition was subject to dismissal for failing to state proper grounds and to cite the record with specificity under Labor Code section 5902 and WCAB Rules. The Board affirmed the WCJ's reliance on the AME's reporting as substantial medical evidence and the employment findings supported by testimony.

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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