WCPanelIQ
PanelLienGranted in Part

Noe Morales — ADJ10199475

NOE ANTONIO MORALES, Applicant vs. FARMSHOP, LLC, and EMPLOYERS COMPENSATION INSURANCE COMPANY, Defendants

ADJ number
ADJ10199475
Decision date
Apr 20, 2022
District office
Los Angeles
WCJ
—
Claim administrator
Employers Compensation Insurance Company
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: cervical spine, left shoulder, right shoulder, bilateral wrists, thoracic spine, lumbar spine, knees, psyche, internal system, teeth (orthodontic dental)

LC §5900LC §5902LC §5701LC §5906CCR §10945

Summary

Applicant Noe Morales, a baker, claimed multiple orthopedic injuries during a cumulative trauma period from June 2014 through November 2015 and sought temporary disability through the date of AME Dr. Brourman's final report (December 17, 2018). The WCJ found no periods of temporary total disability, an August 17, 2016 P&S date, and ordered EDD reimbursement. The Board granted reconsideration, affirming the F&O except that it deferred two issues: applicant's entitlement to temporary disability indemnity during a period of temporary partial disability, and the related EDD lien reimbursement. The Board found insufficient evidence regarding applicant's work restrictions and whether modified work was available, invoking the 'odd lot' doctrine from General Foundry Service v. WCAB (Jackson). The matter was returned to the WCJ for further development of the record. The Board also admonished applicant's counsel for filing a skeletal petition violating Rule 10945.

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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