WCPanelIQ
PanelDenied

Young, Jerone

JERONE YOUNG, Applicant vs. SELECT STAFFING; LX INSURANCE AMERICA, administered by BROADSPIRE, Defendants

ADJ number
ADJ11418272
Decision date
Aug 21, 2023
District office
Los Angeles
WCJ
Keith N. Pusavat
Claim administrator
Broadspire Services Inc. (administering for XL Insurance America)
Commissioners
—

Injury / body parts: low back

LC §5001

Summary

Applicant Jerone Young sought reconsideration of an August 22, 2023 Findings and Order in which the WCJ found that defendant was entitled to credit for permanent disability advances totaling $3,480.00 paid through the date of the Order Approving Compromise and Release (OACR). Applicant argued the C&R language 'defendant to take full credit for all PDA's paid through the date of the OACR' was ambiguous under the panel decision in Nared v. Hertz Rent a Car. The Board applied contract interpretation principles, found no ambiguity because there was no alternative candidate of meaning, and distinguished Nared and other cited cases on their facts. The Board emphasized that the PD advances had already been paid before signing (with cover letters identifying them as PD) and that the OACR itself clearly stated credit could be taken subject to proof. Reconsideration was denied.

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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