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Lance Foreman — ADJ13690978

LANCE FOREMAN, Applicant vs. GRUNDFOS AMERICAN CORPORATION AND TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

ADJ number
ADJ13690978
Decision date
Dec 29, 2021
District office
Oakland
WCJ
James Griffin
Claim administrator
Travelers Property Casualty Company of America
Commissioners
—

Injury / body parts: hernia, abdomen

Summary

Applicant Lance Foreman, a service mechanic, was found by the WCJ in an October 20, 2021 Findings and Award to have sustained an industrial hernia injury AOE/COE, with associated permanent disability, temporary disability, and an attorney's fee. Both defendant and applicant petitioned for reconsideration, raising challenges to discovery closure, AOE/COE, temporary disability, an erroneous psychiatric injury reference, apportionment, and the percentage of permanent disability. The WCJ's own report acknowledged multiple clerical and procedural errors, including closing discovery beyond the AOE/COE issue set at the MSC and deciding issues (occupational variant, permanent disability, apportionment) that were not listed in the July 12, 2021 Pre-Trial Conference Statement. The WCAB adopted and incorporated the WCJ's report, granted reconsideration, rescinded the Findings and Award, and returned the matter to the trial level for further proceedings. The Board emphasized this was not a final decision on the merits and the AOE/COE hernia finding was not disturbed.

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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