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PanelLienDenied

Elise King — ADJ9611007

ELISE KING, Applicant vs. CALIFORNIA DEPARTMENT OF WATER RESOURCES, legally uninsured; adjusted by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ9611007
Decision date: Nov 28, 2021
District office: Sacramento
WCJ: Noah W. Tempkin
Claim administrator: State Compensation Insurance Fund (for legally uninsured California Department of Water Resources)
Commissioners: —

Injury / body parts: psyche

LC §4656LC §4903LC §5000LC §5101LC §5106CCR §10945CCR §10974

Summary

Applicant Elise King, an Associate Governmental Program Analyst, sustained a cumulative psychiatric injury through May 27, 2014. After multiple trials before successive WCJs, a September 1, 2021 Findings, Award and Order found an additional period of temporary disability (July 1, 2017 to September 20, 2017), a permanent and stationary date of August 9, 2019, 14% permanent disability after apportionment, and no legal basis to commute her medical award. Applicant sought reconsideration, challenging each of these findings and arguing the denial of commutation amounted to a denial of equal protection given healthcare inequities for Black Americans. The WCJ recommended denial, noting applicant improperly attached non-record exhibits without satisfying newly discovered evidence requirements, and that there is no legal basis to commute a medical award outside a Compromise and Release. The WCAB adopted the WCJ's report and denied reconsideration.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.