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PanelDenied

David Goldstein — ADJ11229378

DAVID GOLDSTEIN, Applicant vs. SAN JOAQUIN COUNTY, permissibly self-insured, administered by TRISTAR RISK MANAGEMENT, Defendants

ADJ number: ADJ11229378
Decision date: Oct 4, 2021
District office: Stockton
WCJ: —
Claim administrator: TRISTAR Risk Management (administrator for San Joaquin County, permissibly self-insured)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: right shoulder, right wrist, right hand, right knee (prior claim), left shoulder (prior claim)

Summary

Applicant David Goldstein, a correctional officer, claimed injury to his right shoulder, right wrist, and right hand on February 28, 2018. In a prior decision, the Appeals Board granted reconsideration and amended the WCJ's F&O to award temporary total disability (TTD) for the period September 4, 2018 through October 23, 2018. Defendant sought reconsideration, arguing there was no evidentiary support for the TTD award. The Board denied reconsideration, finding that applicant was not working during that period and that his condition did not become permanent and stationary until October 23, 2018, per PTP Dr. Robson and confirmed by AME Dr. Abelow. The Board saw no factual or legal basis to alter its prior 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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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.