WCPanelIQ
PanelRemanded

Alzario Moreno — ADJ8928136, ADJ14040124

ALZARIO MORENO, Applicant vs. NOWELL STEEL AND SUPPLY COMPANY, INC.; ZURICH AMERICAN INSURANCE GROUP, C/O AMERICAN CLAIMS MANAGEMENT; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number
ADJ8928136, ADJ14040124
Decision date
Dec 12, 2021
District office
Long Beach
WCJ
—
Claim administrator
American Claims Management (TPA for Zurich American Insurance Group); Insurance Company of the West
Commissioners
JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: cervical spine, shoulders, elbows, wrists, forearms, lumbar spine, knees, pulmonary system, GERD, constipation, diabetes

Summary

Applicant Alzario Moreno, a material handler, was found by the WCJ to have sustained cumulative injuries to multiple body parts during employment with Nowell Steel, resulting in a joint award against Zurich and ICW of 79% permanent partial disability, temporary disability, and future medical care. Both insurers petitioned for reconsideration challenging the temporary and permanent disability findings and the joint award. The Board granted reconsideration to study the issues, after which the parties participated in a commissioners' settlement conference and filed a fully executed Compromise and Release on December 6, 2021. To expedite review and approval of the settlement, the Board rescinded the April 23, 2021 Findings and Award and Order and remanded the matter to the WCJ to consider the Compromise and Release. The Board expressly stated its decision was not a ruling on the merits of the petitions.

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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