WCPanelIQ
PanelDenied

Roy Ladd — ADJ4651980

ROY LADD, Applicant vs. CITY OF MONTEBELLO, Permissibly Self-Insured; administered by HAZELRIGG CLAIMS MANAGEMENT SERVICES, (NOW ADMINISTERED BY TRISTAR), Defendants

ADJ number
ADJ4651980
Decision date
Oct 9, 2022
District office
Pomona
WCJ
Monika Reyes
Claim administrator
Hazelrigg Claims Management Services (now administered by Tristar)
Commissioners
—

Injury / body parts: low back

LC §5903CCR §10945

Summary

Applicant Roy Ladd, a 62-year-old firefighter who sustained a 2004 low back injury, signed Stipulations with Request for Award in 2005 that were approved by a WCJ awarding permanent disability. Years later (after hiring counsel in 2020), applicant disputed ever signing the stipulations or receiving payment, alleging possible forgery and non-payment, and sought penalties, sanctions, and attorney's fees. The defendant produced a benefit printout showing $45,950.00 in PD payments issued between 2004 and 2009 but could not produce check images because they were destroyed after the 10-year retention period. The WCJ found applicant's significant delay unreasonable and prejudicial to the defendant under the doctrine of laches, found applicant not credible, and denied penalties. The WCAB adopted the WCJ's report and denied reconsideration.

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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