WCPanelIQ
PanelGranted in Part

Walter Carney, Jr. — ADJ638028

WALTER CARNEY, JR. (Deceased), Applicant vs. POST COMPANY GRADING CONTRACTORS, INC., GRANITE STATE INSURANCE COMPANY, administered by AIG; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ638028
Decision date
Aug 30, 2021
District office
Anaheim
WCJ
Oliver Cathey
Claim administrator
AIG (administering for Granite State Insurance Company); State Compensation Insurance Fund
Commissioners
—

Injury / body parts: Back/Lumbar Spine, Right Knee, Right Lower Extremity, Right Hip, Left Shoulder, Hypertension/Cardiovascular

LC §4650LC §4656CCR §10945

Summary

Applicant Walter Carney, Jr. (deceased), a heavy equipment operator, sustained an admitted injury on March 11, 2005 to his low back and right knee while employed by Post Grading Contractors, Inc., insured by State Compensation Insurance Fund (SCIF). The WCJ issued a June 17, 2021 Findings Award and Order against Post Grading, Granite State Insurance, and SCIF. Both Granite and SCIF petitioned for reconsideration. The Board granted Granite's petition, finding it was a clerical error to include Granite in the award because Granite/AIG did not provide coverage for the March 11, 2005 date of injury, and amended the award to omit Granite's name. The Board denied SCIF's petition, affirming the WCJ's findings of a single industrial injury (with subsequent falls as compensable consequences), an 80% permanent disability estimate at death, temporary disability liability, and reliance on Dr. Hirsch's reporting.

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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