WCPanelIQ
PanelQMELienRemanded

Rita Forrest — ADJ12369987

RITA FORREST, Applicant vs. SAN MATEO COUNTY TRANSIT DISTRICT, permissibly self-insured, administered by THE CITIES GROUP, Defendants

ADJ number
ADJ12369987
Decision date
Aug 15, 2021
District office
San Francisco
WCJ
—
Claim administrator
The Cities Group (administrator for San Mateo County Transit District, permissibly self-insured)
Commissioners
DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: left elbow

LC §5313LC §5903LC §5952LC §4650LC §4651LC §4652LC §4653LC §4654LC §4655LC §4656LC §4657LC §5701LC §5906

Summary

Applicant Rita Forrest sustained an industrial injury to her left elbow, which was initially denied by the defendant. The WCJ awarded temporary disability for two periods but did not award (or make an explicit finding on) TD for the gap between November 7, 2019 and July 17, 2020, citing absence of evidence regarding treatment or work status. Defendant sought reconsideration challenging TD for the July 17, 2020 through October 27, 2020 period, arguing applicant was not receiving treatment and unreasonably refused treatment. The Board granted reconsideration to clarify that the intervening period (November 7, 2019 to July 17, 2020) was deferred because the WCJ never made an explicit Finding of Fact on that period, holding the Opinion on Decision cannot substitute for an explicit finding. The Board affirmed the remainder of the decision and remanded for the WCJ to address the deferred TD period.

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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