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PanelLienGranted in Part

Mahealani Mahealani — ADJ4250207

MAHEALANI MAHEALANI, Applicant vs. CITY OF SAN JOSE, permissibly self-insured, administered by INTERCARE, Defendants

ADJ number
ADJ4250207
Decision date
Sep 13, 2022
District office
San Jose
WCJ
Adoralida Padilla
Claim administrator
Intercare (administering for City of San Jose, permissibly self-insured)
Commissioners
—

Injury / body parts: psyche, neurological system (Tardive Dyskinesia)

LC §5909LC §5315LC §4650LC §4661LC §4650(b)(2)

Summary

Applicant Mahealani, a placement specialist for the City of San Jose, suffered a specific psychiatric injury on 02/26/2004 following a violent assault, with neurological sequelae (Tardive Dyskinesia developed as a compensable consequence of medication). After further development of the medical record, she was awarded 100% permanent total disability. Both parties sought reconsideration: applicant (in pro per) sought credit against the awarded attorney's fee for fees paid in three companion cases and payment of a former attorney's lien; defendant sought credit for temporary and permanent disability indemnity previously paid and challenged the PD start date. The Board adopted the WCJ's reports, denied applicant's requests, and amended the F&A to clarify that PD commences July 21, 2004 (day after last TD payment per Brower) with credit to defendant for indemnity payments previously made, jurisdiction reserved.

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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