WCPanelIQ
PanelQMEMed-legalLienDenied

Utuma Belfrey — ADJ10774501

UTUMA BELFREY, Applicant vs. TUTOR PERINI CORPORATION; ZURICH INSURANCE, Defendants

ADJ number
ADJ10774501
Decision date
Oct 9, 2022
District office
San Francisco
WCJ
—
Claim administrator
Zurich Insurance
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER

Injury / body parts: right shoulder, right elbow, right wrist, psyche, left shoulder, left wrist

LC §132aLC §3208.3LC §4660.1LC §5702LC §5900LC §5903LC §5904CCR §10330CCR §10605CCR §10787CCR §10955

Summary

Applicant Utuma Belfrey, an electrician, sought reconsideration of a July 14, 2022 Findings & Award that found injury AOE/COE to her right shoulder, right elbow, right wrist, psyche, left shoulder, and left wrist, causing 23% permanent disability, with the section 132a claim and temporary disability deferred. Applicant, filing pro se despite remaining represented by counsel, challenged the deferral of the 132a and TD issues, the body parts found injured (asserting injury to her right hand), the value of her PD award, and entitlement to retroactive TD. The Board first found the petition timely because defendant was served outside California, extending the filing time for all parties under WCAB Rule 10605. On the merits, the Board treated AOE/COE issues under the reconsideration standard and the deferral issues under the removal standard, finding no basis to disturb the WCJ's findings. The Board denied the Petition for 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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