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Jacari Caldwell — ADJ13990999

JACARI CALDWELL, Applicant vs. OLD DOMINION FREIGHTLINE; GALLAGHER BASSETT SERVICES, Defendants

ADJ number
ADJ13990999
Decision date
Apr 24, 2022
District office
Santa Ana
WCJ
Nate Halprin
Claim administrator
Gallagher Bassett Services, Inc. (administering for Ace American Insurance)
Commissioners
—

Injury / body parts: lumbar spine, neck, mid back

LC §3600LC §5307LC §5310LC §5803.5CCR §10955

Summary

Applicant Jacari Caldwell, an OSD/OSC Clerk for Old Dominion Freight Line, claimed a lumbar spine injury on 12/2/2020 while moving boxes of computers and printers. After trial, WCJ Nate Halprin found injury AOE/COE based on applicant's credible testimony, contemporaneous reporting, an injury report disclosing prior injuries, treating physician and PQME opinions all supporting industrial causation. Defendants petitioned for reconsideration and/or removal, arguing the WCJ erred in finding injury, that applicant's credibility was impeached by prior arrests and inconsistencies, that medical evidence relied on incomplete history, and that the injury should be attributed to non-industrial or pre-existing causes. The WCAB adopted the WCJ's report, gave great weight to the WCJ's credibility determinations under Garza, and denied reconsideration.

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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