WCPanelIQ
PanelGranted in Part

McDowell, Willis

WILLIS MCDOWELL, Applicant vs. CONSTANT STAFFING, LLC; UNITED WISCONSIN INSURANCE COMPANY, administered by NEXT LEVEL ADMINISTRATORS, Defendants

ADJ number
ADJ16908618
Decision date
May 11, 2023
District office
Long Beach
WCJ
—
Claim administrator
Next Level Administrators
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5705LC §3202.5CCR §9785

Summary

Applicant Willis McDowell sustained an admitted injury while working for staffing agency Constant Staffing and had a temporary partial disability (TPD) modified work status. The employer accommodated the restrictions until October 17, 2022, but stopped paying wages and temporary disability after that date despite not offering modified work, asserting the applicant had been terminated for cause during an October 18, 2022 office discussion. The WCJ found defendant failed to prove a termination for good cause and awarded temporary disability from October 18, 2022 onward, less EDD credits. On reconsideration, the Board affirmed the WCJ's findings but amended the TD award to run from October 18, 2022 through February 27, 2023—45 days from the last medical report dated January 13, 2023 per CCR section 9785(f)(8)—while reserving jurisdiction over further temporary disability.

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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