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PanelMed-legalDenied

Lillian Fitzgibbons — ADJ11089187

LILLIAN FITZGIBBONS, Applicant vs. TESLA, INC., and AMERICAN ZURICH INSURANCE COMPANY, Defendants

ADJ number: ADJ11089187
Decision date: Apr 17, 2022
District office: San Jose
WCJ: Pauline H. Suh
Claim administrator: American Zurich Insurance Company
Commissioners: —

Injury / body parts: lumbar spine

LC §5909LC §4660LC §4660.1

Summary

Applicant Lillian Fitzgibbons, a 59-year-old production associate at Tesla, sustained an admitted lumbar spine injury on 11/28/2016. The AGreed Medical Evaluator (Dr. Anderson) and primary treating physician (Dr. Newman) provided substantial work restrictions including working no more than 2 hours per day with minimal lifting. The WCJ found applicant successfully rebutted the permanent disability rating schedule under both Almaraz/Guzman and the LeBoeuf/Ogilvie/Dahl vocational rebuttal line of cases, finding her 100% permanently disabled. Defendant petitioned for reconsideration, which the WCAB denied, adopting the WCJ's report. The Board also addressed the Labor Code section 5909 60-day deadline, holding the time to act was tolled under Shipley because the Board failed to act through no fault of defendant.

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.