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PanelQMEMed-legalGranted in Part

Murphy, Terry

TERRY MURPHY, Applicant vs. GREEN 16 LLC; AMERICAN CASUALTY COMPANY, ADMIN. BY CNA CLAIMS PLUS, Defendants

ADJ number: ADJ11812549
Decision date: Sep 6, 2023
District office: Long Beach
WCJ: —
Claim administrator: CNA Claims Plus (administrator for American Casualty Company)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: head, back, hip, right knee

LC §4909LC §5904

Summary

Truck driver Terry Murphy sustained an admitted industrial injury on May 25, 2018 to the head and back (with disputed hip and right knee claims). After an expedited hearing, the WCJ found applicant temporarily partially disabled (TPD) from April 25, 2019 to January 30, 2020, deferred the indemnity rate calculation pending record development, and awarded defendant a $717.68 credit for TPD overpayment. Defendant petitioned for removal, contesting the credit calculation and the TPD award. The Board treated the petition as one for reconsideration because the F&O resolved threshold/substantive issues (credit rights under Labor Code section 4909 and earning capacity). The Board affirmed the TPD finding as supported by the unchallenged QME reporting of Dr. Nick and applicant's credible testimony, but amended Finding of Fact No. 3 to defer the credit issue pending record development.

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.