WCPanelIQ
PanelDenied

Lessing, William

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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Holding

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