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PanelRemanded

Hernandez, Joe

JOE HERNANDEZ, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ9823497
Decision date: Aug 3, 2023
District office: Van Nuys
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: multiple parts of body

Summary

Defendant State of California, Department of Transportation (legally uninsured, administered by State Compensation Insurance Fund) petitioned for reconsideration of a WCJ's September 29, 2022 Findings and Awards that found applicant Joe Hernandez sustained permanent partial disability of 85% for industrial injuries ending February 10, 2014 and on May 26, 2016, and 14% for a February 18, 2009 injury. The Appeals Board granted reconsideration to study the issues and then requested the parties participate in a commissioners' settlement conference. On July 20, 2023, the parties filed a fully executed Compromise and Release covering the three cases at issue plus three additional cases. To expedite review and approval of the C&R, the Board rescinded the September 29, 2022 Findings and Awards and remanded the matter to the WCJ. The Board expressly stated its decision was not a ruling on the merits of the petition.

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.