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PanelQMELienRemanded

Lucila Dickson — ADJ11064901

LUCILA DICKSON, Applicant vs. THE CROSSINGS AT CARLSBAD; PRAETORIAN INSURANCE COMPANY, adjusted by GALLAGHER BASSETT, Defendants

ADJ number: ADJ11064901
Decision date: May 15, 2022
District office: San Diego
WCJ: —
Claim administrator: Gallagher Bassett (adjusting for Praetorian Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: right wrist, carpal tunnel, bilateral upper extremities, low back, left knee, cervical spine

LC §4656LC §5701LC §5702LC §5703LC §5903LC §5906LC §5952CCR §10396

Summary

Applicant Lucila Dickson claimed two 2017 injuries while working as a food server: a right wrist/carpal tunnel and bilateral upper extremity injury on April 28, 2017 (ADJ11064890), and a low back and left knee injury on August 24, 2017 (ADJ11064901). The WCJ awarded temporary total disability for the August 24, 2017 injury from March 5, 2020 and continuing. Defendant sought reconsideration arguing that the temporary disability periods for the two injuries overlapped, the 104-week aggregate cap under section 4656(c)(2) had been exhausted, and no additional TD was owed. The Board granted reconsideration and held that under Foster, where independent injuries cause concurrent periods of temporary disability, the 104-week statutory cap runs concurrently. Finding the medical record lacked substantial evidence on whether the TD periods for both injuries actually overlapped, the Board rescinded the F&A and remanded for further development of the record.

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.

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.