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PanelQMELienGranted in Part

Oyuki Morales — ADJ2492589

OYUKI MORALES, Applicant vs. PENNANT FOODS CORPORATION DBA WENDY’S OLD-FASHIONED HAMBURGERS; ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number: ADJ2492589
Decision date: Dec 26, 2022
District office: Long Beach
WCJ: —
Claim administrator: Zurich American Insurance Company
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: right wrist, neck, right shoulder, neurological system (complex regional pain syndrome), psyche, gastrointestinal system (gastritis)

LC §4650LC §4656LC §4659LC §4660LC §4660.1LC §4662LC §4903

Summary

Applicant Oyuki Morales, an assistant manager at a fast food restaurant, sustained a continuous trauma injury (March 30, 2005 to March 30, 2006) to multiple body parts. The WCJ found 100% permanent total disability without apportionment, relying on the applicant's vocational expert (Vega) to rebut the scheduled rating, and awarded temporary disability from November 14, 2005 to August 23, 2006, with permanent disability commencing on the P&S date of January 18, 2007. Defendant sought reconsideration. The Board affirmed the 100% PD and no-apportionment findings but amended Finding of Fact No. 2 to characterize the gastrointestinal injury as 'gastritis' (rather than 'gastrointestinal system'), and amended the award to eliminate the gap between TD and PD payments under Brower. The Board ordered that PTD payments commence within 14 days of the last TD payment (August 23, 2006), with COLA beginning January 1, 2007.

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.