WCPanelIQ
PanelQMEDenied

Cole, Robert

ROBERT COLE, Applicant vs. ENTERPRISE ELECTRIC and CIGA, by its servicing facility INTERCARE, for SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation, Defendants

ADJ number
ADJ5317442
Decision date
Date unavailable
District office
Salinas
WCJ
Roisilin Riley
Claim administrator
CIGA, by its servicing facility Intercare, for Superior National Insurance Company, in liquidation
Commissioners
—

Injury / body parts: bilateral knees, low back/lumbar spine

LC §3201.5LC §3208.1LC §5412LC §5313LC §5500.5

Summary

Applicant Robert Cole, an electrician, sustained an admitted specific injury on 2/27/95 to his bilateral knees and back while employed by Enterprise Electric, with the claim covered by CIGA for Superior National Insurance Company in liquidation. A separate alleged cumulative trauma claim through 5/30/10 against a second employer, JM Electric, was dismissed for lack of jurisdiction due to an ADR carve-out agreement under Labor Code section 3201.5. After the WCJ's prior award was rescinded and the record developed, the WCJ awarded 73% PD plus a life pension without applying apportionment to the alleged CT, finding no CT had been established and that Defendant failed to meet its burden of proof. Defendant petitioned for reconsideration arguing failure to consider apportionment and overlap and inadequate explanation under section 5313. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report and Opinion.

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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