WCPanelIQ
PanelDenied

Lynn Chittick — ADJ14742380, ADJ14742854

LYNN CHITTICK, Applicant vs. HEART OF HUMANITY HOME HEALTH CARE SERVICES; NORGUARD INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ14742380, ADJ14742854
Decision date
Sep 12, 2022
District office
San Francisco
WCJ
Lawrence Keller
Claim administrator
Gallagher Bassett Services, Inc. (administering for NorGuard Insurance Company)
Commissioners
—
LC §5400LC §5402LC §5403LC §5405LC §3202LC §3202.5LC §4600LC §4650CCR §10945CCR §10972

Summary

Applicant Lynn Chittick, a registered nurse, claimed an industrial injury from a December 16, 2019 motor vehicle accident while traveling between client homes (ADJ14742380), plus a separate April 27, 2021 injury (ADJ14742854). The dispute centered on whether applicant timely reported the 2019 accident and whether her claim was barred by the statute of limitations based on alleged 'superior knowledge of entitlement to benefits.' The WCJ found applicant and her witness Barbara Clark more credible than the defense witnesses, whose testimony contained significant contradictions, and concluded applicant timely reported the injury and that defendant's failure to provide statutory notices precluded a statute of limitations defense. The WCAB adopted and incorporated the WCJ's report, gave great weight to the WCJ's credibility determinations under Garza, and noted defendant's failure to comply with WCAB Rule 10945's record-citation requirements. Reconsideration was denied.

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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