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PanelDenied

Jenna McCombie — ADJ10336948, ADJ10354411, ADJ10597290

JENNA MCCOMBIE, Applicant vs. REA-2003-1, LLC, A DELAWARE LIMITED LIABILITY COMPANY, dba SADDLE RANCH CHOP HOUSE; EMPLOYERS COMPENSATION INSURANCE COMPANY, Defendants

ADJ number: ADJ10336948, ADJ10354411, ADJ10597290
Decision date: Apr 20, 2022
District office: Van Nuys
WCJ: —
Claim administrator: Employers Compensation Insurance Company
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §4553CCR §10269CCR §10215

Summary

Applicant Jenna McCombie, in pro per, sought benefits and alleged a serious and willful misconduct claim against her employer under Labor Code section 4553. The WCJ found applicant did not meet her burden of proof under section 4553 and ordered she take nothing. After the Board initially denied reconsideration, applicant raised concerns about an unfulfilled ADA accommodation (audio-tapes for review), prompting the Board to grant reconsideration and order transcription of the July 23, 2019 trial testimony out of an abundance of caution. Upon reviewing the transcript, the Board concluded it provided no basis to reject the WCJ's Minutes of Hearing and Summary of Evidence. The Board affirmed its prior September 17, 2019 decision denying reconsideration, which had affirmed the August 6, 2019 Joint Findings of Fact & Order.

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.