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PanelDenied

Kenneth Purcell — ADJ15904596

KENNETH PURCELL, Applicant vs. LAGUNITAS BREWING COMPANY, NATIONAL UNION FIRE INSURANCE COMPANY, Administered By GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number: ADJ15904596
Decision date: Nov 14, 2022
District office: Oakland
WCJ: —
Claim administrator: Gallagher Bassett Services, Inc. (administering for National Union Fire Insurance Company)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: right hip, left elbow, head, lumbar spine, knee

Summary

Kenneth Purcell, an electrician for Lagunitas Brewing Company, sustained an industrial injury on November 18, 2021 to his right hip, left elbow, and head, with claimed injury to his lumbar spine and knee. After his work restrictions (including the need to lie down) from an April 28, 2022 doctor's note were not accommodated, applicant stopped working on May 14, 2022 and was terminated. The WCJ found applicant entitled to temporary disability benefits from May 16, 2022 and continuing because, although applicant was temporarily partially disabled, defendant failed to offer suitable modified work within the doctor's restrictions. The WCAB denied defendant's Petition for Reconsideration, adopting the WCJ's reasoning that it was defendant's burden to offer modified work consistent with the restrictions, and the supervisor's lack of awareness of the restrictions confirmed no suitable modified work was offered.

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.