WCPanelIQ
PanelGranted in Part

Stewart, Cardell

CARDELL STEWART, Applicant vs. KENAN ADVANTAGE GROUP, INC.; OLD REPUBLIC INSURANCE GROUP ADMINISTERED BY GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ16153402
Decision date
Aug 27, 2023
District office
Van Nuys
WCJ
Jiblet Croft
Claim administrator
Gallagher Bassett Services, Inc. (administering for Old Republic Insurance Group)
Commissioners
—

Injury / body parts: right shoulder

LC §4658.1LC §4656

Summary

Applicant Cardell Stewart, a fuel hazmat driver, sustained an industrial right shoulder injury on February 18, 2021. Defendants paid temporary total disability through August 10, 2022, then temporary partial disability after applicant accepted alternative work at a thrift store working less than 40 hours per week at $15/hour. The WCJ found the alternative work offer invalid and that applicant was temporarily totally disabled as of July 11, 2022 per treating physician Dr. Ganjianpour, with credit for sums paid. The Board granted reconsideration, adopting the WCJ's report, and amended Order number 1 to clarify the credit for earnings and to correct typographical errors, otherwise affirming the findings and order.

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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