RICHARD LEE NEILL, Applicant vs. LUCKY’S GLASS, L.L.C., and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, administered by NORTH AMERICAN RISK SERVICES, Defendants
ADJ number
ADJ11078708
Decision date
Oct 2, 2022
District office
Long Beach
WCJ
Julie Feng
Claim administrator
North American Risk Services (administering National Liability & Fire Insurance Company)
Commissioners
—
Injury / body parts: cervical spine, right shoulder, lumbar spine
Applicant Richard Neill sustained admitted injuries to his cervical spine, right shoulder, and lumbar spine while working as a window/door installer/glazier. The WCJ issued an Amended Findings of Fact & Award finding 38% permanent disability, 104 weeks of retroactive temporary disability based on an increased average weekly earnings rate of $560.00 (adjusted under Labor Code section 4661.5), and 10% penalties on both delayed TTD and PD under Labor Code section 4650(d). Defendant petitioned for reconsideration, contending applicant's earnings should be based on wages at the time of injury, that its withheld witnesses should be allowed to testify, that retroactive TTD and EDD reimbursement were improper, and that no penalties were warranted. The WCAB adopted the WCJ's Report and denied reconsideration, finding defendant failed to cite supporting case law or present rebuttal evidence. The Board also noted defendant violated Rule 10945(c) by attaching documents already in the record.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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