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PanelGranted in Part

Jose Perez — ADJ12340832

JOSE PEREZ, Applicant vs. VILLA PARK LANDSCAPE; CALIFORNIA INSURANCE COMPANY, ADMINISTERED BY APPLIED RISK SERVICES, Defendants

ADJ number: ADJ12340832
Decision date: Sep 13, 2022
District office: Santa Ana
WCJ: —
Claim administrator: Applied Risk Services
Commissioners: JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: back, head, right elbow

LC §111LC §4909LC §5300LC §5301LC §5309LC §5310LC §5313LC §5902LC §5903LC §5906LC §5908LC §5952CCR §10945CCR §10972

Summary

Applicant Jose Perez, a tree trimmer, claimed injury to his back, head, and right elbow on April 2, 2019. The WCJ found industrial injury to the back only, awarded 33% permanent disability per AME Dr. Wood, and granted defendant a credit of $2,946.68 for temporary disability overpayment against permanent disability indemnity. Applicant, in pro per, filed a defective 'skeletal' petition for reconsideration using a Notice of Appeal form that stated no grounds. Although the petition was defective and subject to dismissal, the Board exercised its authority to review the whole record and found the WCJ's award of the TD overpayment credit lacked supporting evidence and explanation. The Board affirmed the F&A but deferred the credit issue, remanding for further proceedings to create a record and analyze the credit under Maples principles.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.