WCPanelIQ
PanelRemanded

Charlotte Utsey — ADJ3762315, ADJ946031

CHARLOTTE UTSEY, Applicant vs. NATIONAL COURIER SYSTEMS; and SUPERIOR NATIONAL INSURANCE, in liquidation, administered by CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; CITY OF OAKLAND, permissibly self –insured, administered by JT2 INTEGRATED RESOURCES, Defendants

ADJ number
ADJ3762315, ADJ946031
Decision date
Jun 20, 2022
District office
Oakland
WCJ
—
Claim administrator
California Insurance Guarantee Association (CIGA) for Superior National Insurance, in liquidation; JT2 Integrated Resources for City of Oakland
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: bilateral knees, bilateral wrists, right elbow, right ankle, left foot, bilateral arms, bilateral shoulders, lumbar spine

LC §4663CCR §10962

Summary

Charlotte Utsey sustained two industrial injuries: one on November 2, 1994 while employed as a courier by National Courier Systems (insured by Superior National Insurance, in liquidation, administered by CIGA), and one on May 4, 1999 while employed as a control parking technician by the City of Oakland (self-insured, administered by JT2). The WCJ found applicant 100% permanently totally disabled without apportionment and issued a joint award against both employers, also increasing the temporary disability rate based on unspecified documentary evidence. The City of Oakland petitioned for reconsideration, challenging the rejection of AME Dr. Mandell's apportionment opinion and the TD rate increase. The Appeals Board granted reconsideration, found the WCJ's opinion confusing and inadequately supported on both earnings/TD rate and apportionment, and concluded the joint award without apportionment between employers violated Benson. The Board affirmed the findings in part but rescinded and deferred the Award, remanding for further development of the record and new determinations.

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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