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Crystal Lemieux Benedict — ADJ11734603

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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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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