CRYSTAL LEMIEUX BENEDICT, Applicant vs. K M MEAT COMPANY, INC.; STARR INDEMNITY AND LIABILITY COMPANY, Administered by SEDGWICK, Defendants
ADJ number
ADJ11734603
Decision date
Feb 6, 2022
District office
Anaheim
WCJ
Ben H. Nakatani Jr.
Claim administrator
Sedgwick (administering for Starr Indemnity and Liability Company)
Commissioners
—
Injury / body parts: cervical spine, lumbar spine, bilateral knees
LC §5412LC §5500.5
Summary
Applicant Crystal Lemieux Benedict, a 65-year-old Sales Manager, claimed a cumulative trauma injury (period 11/15/18 to 11/15/19) to her cervical spine, lumbar spine, and bilateral knees while employed by KM Meat Company, insured by Starr Indemnity. The WCJ found the Labor Code section 5412 date of injury to be 11/15/19, the date applicant first suffered compensable disability (temporary total disability) and knew the disability was work-related. Defendant petitioned for reconsideration, arguing the date of injury arose in 2011 based on work restrictions in Dr. Deckey's report, which would shift liability under section 5500.5. The Board granted reconsideration to correct a clerical error (amending the 5412 date from '11/15/18 to 11/15/19' to simply 11/15/19), defer the attorney fee issue, and otherwise affirmed the WCJ, adopting his report. The matter was returned to the trial level for further proceedings on attorney fees and reissuance of the award.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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