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Ana Guzman — ADJ8364344

ANA GUZMAN, Applicant vs. ADAMS & BROOKS, INC.; ZURICH INSURANCE COMPANY, ADMINISTERED BY GALLAGHER BASSETT SERVICES, Defendants

ADJ number
ADJ8364344
Decision date
Oct 20, 2022
District office
Los Angeles
WCJ
—
Claim administrator
Gallagher Bassett Services (administering for Zurich Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: right shoulder, upper gastrointestinal system

LC §5702LC §4062LC §5502LC §5907LC §5909CCR §10353

Summary

Applicant Ana Guzman sustained an admitted industrial injury to her right shoulder and upper gastrointestinal system on April 1, 2012. After initially denying liability, defendant entered into a February 20, 2014 Stipulation and Order agreeing to pick up TTD until applicant was MMI/P&S or employed; defendant paid TTD from February 20, 2014 to July 23, 2014. After AMEs later found no periods of temporary disability, defendant sought credit for the TTD already paid. The WCAB granted reconsideration but agreed with the WCJ that the binding February 20, 2014 stipulation supported the TTD award and that defendant was not entitled to a credit because it failed to reserve such rights in the stipulation and failed to timely object under section 4062. The Board rescinded the October 5, 2021 F&A solely to correct the technical error that the prior November 23, 2020 findings had been rendered void by the earlier rescission, and substituted complete new findings of fact and award.

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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