WCPanelIQ
PanelDenied

Tyler Sabo — ADJ11495426

TYLER SABO, Applicant vs. MODERN CHARM BOUTIQUE; STATE FARM INSURANCE, ADMINISTERED BY SEDGWICK CMS, Defendants

ADJ number
ADJ11495426
Decision date
Feb 23, 2023
District office
Bakersfield
WCJ
Christopher M. Brown
Claim administrator
Sedgwick CMS (administering State Farm Insurance)
Commissioners
—

Injury / body parts: left leg, left foot, psyche, back

LC §5903LC §3861LC §4604LC §3715LC §3202.5LC §5705CCR §10330

Summary

Tyler Sabo, a 17-year-old sign holder/spinner, sustained industrial injury to his left leg (resulting in amputation of his left foot), psyche, and back on August 25, 2017. The WCJ found 41% permanent partial disability with future medical care, and determined that the employer's negligence contributed 20% to the injury, the third-party civil case had a potential value of $10,000,000, and applicant's net recovery from the third-party case was $103,529.99. The defendant sought reconsideration, challenging the finding of employer negligence and the assessment of economic and non-economic damages. The Board affirmed the F&A, adopting and incorporating the WCJ's Report, and accorded great weight to the WCJ's credibility determinations under Garza. The practical effect is that defendant must provide $2,000,000 in workers' compensation benefits before asserting credit for the third-party recovery.

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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