WILLIAM LESSING, Applicant vs. LABORATORY CORPORATION OF AMERICA HOLDINGS; BROADSPIRE, Defendants
ADJ number
ADJ11900841
Decision date
Jul 20, 2023
District office
Oxnard
WCJ
Jeffrey Morgan
Claim administrator
Broadspire
Commissioners
—
Injury / body parts: lower extremity, wrist, fingers, shoulder, hand
LC §4453
Summary
William Lessing, a 61-year-old courier for Laboratory Corporation of America, sustained an accepted industrial injury on 8/19/18 when he fell while carrying a box, injuring his lower extremity, wrist, fingers, shoulder, and hand. He had concurrent employment at Lab Corp and Alta Inc. (VC Star). In a 10/25/21 decision the WCJ determined his average weekly earnings ($1,533.42) and temporary disability rate ($1,022.28) by aggregating earnings from both employers; that decision was never appealed. After the record was developed, a 4/27/23 Findings, Award and Orders awarded TD from 8/10/18 through 1/6/19 at the previously determined rate. Defendant petitioned for reconsideration challenging the earnings calculation, but the Board denied reconsideration, adopting the WCJ's report finding the earnings determination had become final in 2021 and that defendant's arguments lacked evidentiary support.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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