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PanelGranted

Guadalupe Ron Cruz — ADJ1455561

GUADALUPE RON CRUZ, Applicant vs. FIRST DATA CORPORATION; ZURICH AMERICAN INSURANCE administered by SEDGWICK; ACE AMERICAN INSURANCE administered by SEDGWICK, Defendants

ADJ number: ADJ1455561
Decision date: Feb 2, 2023
District office: Los Angeles
WCJ: —
Claim administrator: Sedgwick (administering for Zurich American Insurance and ACE American Insurance)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: cervical spine, bilateral upper extremities, sleep apnea, psyche, stress

LC §4060LC §4061LC §4062LC §4650LC §4660LC §5900LC §5903CCR §10600CCR §10605

Summary

Applicant Guadalupe Ron Cruz sought reconsideration of a WCJ's November 9, 2022 Findings and Order which held that the 2005 PDRS applies to determining permanent disability. Applicant contended the 1997 PDRS should apply because defendant's obligation to provide a Labor Code section 4061 notice arose before January 1, 2005. The Board first found the petition timely because the 25th day fell on a Sunday, extending the deadline to the next business day. On the merits, the Board found the benefits printout showed defendant began making permanent disability payments in May 2004, triggering the section 4061 notice obligation before January 1, 2005. The Board granted reconsideration and amended the F&O to find that the 1997 PDRS applies.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.