WCPanelIQ
PanelLienGranted in Part

Ahumada, Miguel

MIGUEL AHUMADA, Applicant vs. CSW CONTRACTORS and ZURICH NORTH AMERICA administered by CREATIVE RISK SOLUTIONS, Defendants

ADJ number
ADJ10210301
Decision date
Oct 22, 2023
District office
Bakersfield
WCJ
—
Claim administrator
Creative Risk Solutions (administering Zurich North America)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: low back, both legs

LC §5901LC §5950

Summary

Applicant Miguel Ahumada claimed a low back and bilateral leg injury while working as a laborer on September 10, 2015. The WCJ awarded temporary disability indemnity for October 23, 2015 through November 17, 2016, while allowing EDD reimbursement for SDI and UI benefits paid. Applicant sought reconsideration arguing a higher TD rate, and defendant sought reconsideration seeking credit for amounts it must reimburse EDD against TD owed to applicant. The Board denied applicant's petition (finding the prior September 24, 2021 Decision had become final and binding on TD rate and SDI reimbursement) but granted defendant's petition, rescinding the F&A and returning the matter to the WCJ solely to resolve the actual amount of UI benefits EDD paid for reimbursement purposes.

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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