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Richard Williams — ADJ10791329

RICHARD WILLIAMS, Applicant vs. PACE SUPPLY CORPORATION; ZURICH AMERICAN INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number
ADJ10791329
Decision date
Nov 22, 2022
District office
Oakland
WCJ
James Griffin
Claim administrator
Sedgwick Claims Management Services, Inc. (administering for Zurich American Insurance Company)
Commissioners
—

Injury / body parts: neck, low back, right shoulder, bilateral knees, bilateral ankles, bilateral feet

LC §4553LC §4453LC §4560CCR §3650

Summary

Applicant Richard Williams, a project manager for Pace Supply Corporation, was struck from behind by a forklift in a dark parking lot on February 23, 2017, sustaining injuries to his neck, low back, right shoulder, bilateral knees, ankles, and feet. The forklift's reverse light was inoperable, which the operator (Robles) had reported to warehouse manager Rudolph Love the day before, but Love did not take the forklift out of service. The WCJ found applicant 100% permanently and totally disabled based on vocational expert Van de Bittner's opinion (rebutting the PDRS under Ogilvie/LeBoeuf), and found the injury was caused by the employer's serious and willful misconduct under Labor Code section 4553, awarding a 50% increase in compensation. Defendant Pace Supply petitioned for reconsideration challenging only the S&W finding. The WCAB granted reconsideration to study the issues and ultimately affirmed the WCJ's Findings, Award and Order, adopting and incorporating the WCJ's Opinion on Decision and Report.

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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