WCPanelIQ
PanelGranted

Lee, Jennie

JENNIE LEE, Applicant vs. UNITED HEALTHCARE; ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ7220050
Decision date
Mar 23, 2023
District office
Marina Del Rey
WCJ
—
Claim administrator
Sedgwick Claims Management Services
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
LC §5313LC §4650LC §5903LC §5952

Summary

Applicant Jennie Lee sought reconsideration of a January 6, 2023 Findings of Fact in which the WCJ found that defendant timely paid the September 28, 2021 Findings of Fact and Award (F&A). The dispute centered on whether defendant's payment was late and thus triggered a Labor Code section 4650(d) statutory increase. The WCJ's decision rested entirely on a reference to the 'totality of the record' and 'advocacy petitions' without any citation to the evidentiary record or legal analysis. The WCAB found this violated Labor Code section 5313 and the standards set forth in Hamilton, because the decision failed to discuss the evidence or provide reasoned analysis. Because the WCJ had retired, the Board rescinded the decision and returned the matter to the trial level for reassignment to a new WCJ to render a properly supported decision.

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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