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Jerry Armenta — ADJ10419715

JERRY ARMENTA, Applicant vs. ROBIN BARTHOLOMEW and EMPLOYERS COMPENSATION INSURANCE COMPANY, Defendants

ADJ number
ADJ10419715
Decision date
Aug 11, 2021
District office
Stockton District Office
WCJ
—
Claim administrator
Employers Compensation Insurance Company
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: right great toe, right ankle, right knee

LC §5001LC §5002CCR §10700

Summary

Defendant Employers Compensation Insurance Company petitioned for reconsideration of a November 12, 2020 Findings of Fact, Award and Order in which the WCJ found that applicant Jerry Armenta sustained industrial injury to the right great toe, right ankle, and right knee while working as a handyman on May 10, 2016, and that AME Dr. Peter Mandell's opinion did not support apportionment. The defense argued Dr. Mandell's opinion was not substantial evidence on the extent of disability but was substantial evidence on apportionment. After the Board granted reconsideration, it directed the parties to a commissioners' settlement conference, where they agreed to resolve the matter by Compromise and Release filed August 6, 2021 for $104,406. The Board found the settlement adequate and in applicant's best interest, approved the attorneys' fee, rescinded the original decision, and approved the C&R.

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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