WCPanelIQ
PanelGranted in Part

Lazcano, Teresa

TERESA LAZCANO, Applicant vs. WALT DISNEY TRAVEL COMPANY, PERMISSIBLY SELF-INSURED, Defendants

ADJ number
ADJ7957957
Decision date
Jan 17, 2023
District office
Van Nuys
WCJ
—
Claim administrator
Walt Disney Travel Company, Permissibly Self-Insured
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: psyche, cervical spine, thoracic spine, lumbar spine, bilateral upper extremities, left lower extremity

LC §4656LC §5904LC §5813

Summary

Teresa Lazcano sustained an industrial injury during her employment as a phone service clerical worker for Walt Disney Travel Company (permissibly self-insured) from July 24, 2010 to July 24, 2011, affecting multiple body parts and her psyche. After a Petition to Reopen for new and further disability, the WCJ awarded permanent total disability and additional temporary disability. In a January 18, 2023 ODAR, the Board affirmed permanent total disability but, applying Brower v. David Jones Construction, amended the PTD start date to November 13, 2012 (day after final TTD payment), and limited TTD to five years from injury under section 4656(c)(2). Defendant filed a second petition for reconsideration challenging the PTD award (citing applicant's subsequent employment) and arguing the 2016 TTD award was moot. The Board dismissed the petition as successive regarding PTD nature and extent, but granted reconsideration solely to allow the parties to develop the record on whether defendant is entitled to credit for TTD paid after the PTD commencement date, deferring that credit issue to trial.

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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