WCPanelIQ
PanelLienGranted

Tina Donahoe — ADJ1533475, ADJ8601078

TINA DONAHOE, Applicant vs. FIREMAN'S FUND INSURANCE COMPANY; THE AMERICAN INSURANCE COMPANY, adjusted by ESIS and by SEDGWICK CMS, Defendants

ADJ number
ADJ1533475, ADJ8601078
Decision date
Apr 27, 2022
District office
Oakland
WCJ
—
Claim administrator
ESIS (ADJ1533475) and Sedgwick CMS (ADJ8601078), for The American Insurance Company / Fireman's Fund Insurance Company
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: low back

LC §5001LC §5002CCR §10700

Summary

Applicant Tina Donahoe sustained low back injuries from a specific injury on August 29, 2006 (ADJ1533475) and a cumulative trauma ending July 30, 2010 (ADJ8601078) while working as an underwriter. The WCJ's May 13, 2021 Findings and Award found permanent partial disability of 33% in the specific injury case and 7% in the cumulative trauma case, but applicant petitioned for reconsideration arguing the injuries caused permanent total disability. After the Board granted reconsideration and the parties participated in a commissioners' settlement conference, they agreed to resolve both cases via Compromise and Release for $750,000. The Board reviewed the C&R for adequacy under Labor Code sections 5001 and 5002 and WCAB Rule 10700, found the settlement adequate and in applicant's best interest, rescinded the WCJ's prior decision, and approved the Compromise and Release.

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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