WCPanelIQ
PanelQMEMed-legalGranted in Part

Pablo Perez — ADJ10033983

PABLO PEREZ, Applicant vs. TAYLOR FARMS, ZURICH NORTH AMERICA INSURANCE COMPANY, Defendants

ADJ number
ADJ10033983
Decision date
Apr 3, 2022
District office
Salinas
WCJ
Roisilin Riley
Claim administrator
Zurich North America Insurance Company
Commissioners
—

Injury / body parts: right wrist, right hand

LC §4656LC §4663LC §4664LC §5313LC §5814

Summary

Applicant Pablo Perez sustained industrial injuries to his right wrist (and right hand in the 2014 injury) while working as a laborer for Taylor Farms, insured by Zurich. The WCJ issued Joint Findings, Awards and Orders, and applicant petitioned for reconsideration disputing the temporary disability period, the failure to order conversion of PD to TD, the use of separate apportioned awards (citing Hikida), and the denial of penalties. The Board granted reconsideration and adopted the WCJ's report, amending the P&S date from December 21 to December 22, 2016 (to be consistent with an added day of TD on December 21, 2016) and converting PD paid to TD. On the penalty issue, the Board declined to adopt the WCJ's recommended penalty 'of up to 25%' and instead deferred the penalty issue, allowing the WCJ to determine the percentage in the first instance, with any party able to file a DOR. The decision otherwise affirmed the underlying award.

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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