WCPanelIQ
PanelMed-legalGranted in Part

Erin Stroub — ADJ9882820, ADJ7798930, ADJ7689184

ERIN STROUB, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF GENERAL SERVICES, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ9882820, ADJ7798930, ADJ7689184
Decision date
Jan 26, 2023
District office
Oakland
WCJ
James Griffin
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: bilateral shoulders, bilateral elbows, right arm/upper arm, bilateral hands, bilateral wrists, right fingers and thumb, left thumb, right hand

LC §4656LC §5701LC §5702LC §5706LC §5906LC §5909

Summary

Applicant Erin Stroub, a fire and life safety officer, had three injury claims; defendant State of California (DGS, administered by SCIF) sought reconsideration of two F&As. In ADJ7798930, defendant argued an additional TD period (August 1-27, 2014) exceeded the LC 4656(c)(2) 104-week cap, but relied on an unauthenticated benefits printout that conflicted with the parties' MOH/SOE stipulation of 606 days paid; the Board affirmed because defendant did not show good cause to be relieved of its stipulation. In ADJ9882820, defendant challenged additional TD awarded for days applicant took off work to obtain medical treatment after her condition was permanent and stationary. The Board rescinded that F&A, finding the treating doctors' work-status notes and AME Dr. Renbaum's reports did not constitute substantial medical evidence and that TD cannot be awarded merely for time off to seek treatment after P&S. The matter was remanded to the WCJ to develop the record.

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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