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Sampson Parker — ADJ10741808

SAMPSON PARKER, Applicant vs. AC TRANSIT, permissibly self-insured, adjusted by ATHENS ADMINISTRATORS, Defendants

ADJ number
ADJ10741808
Decision date
Aug 9, 2021
District office
Oakland
WCJ
Alison Howell
Claim administrator
Athens Administrators
Commissioners
—

Injury / body parts: Left Leg, Left Ankle, Left Foot, Right Wrist

LC §4656

Summary

Applicant Sampson Parker, a 69-year-old bus driver, sustained an industrial injury to his left leg, ankle, foot, and right wrist on December 9/19, 2016, requiring multiple surgeries. His last surgery on October 15, 2019, was a 'limb shortening surgery' that resulted in his left lower extremity being approximately six centimeters (about two inches) shorter than his right. The WCJ found this constituted an 'amputation' under Labor Code section 4656(c)(3)(C), qualifying applicant for the 240-week temporary disability exception rather than the 104-week cap, and that TD ran continuously from December 19, 2016 through February 8, 2021. Defendant petitioned for reconsideration, arguing the leg shortening was not an amputation and, alternatively, that TD should not run continuously. The WCAB denied reconsideration, adopting and incorporating the WCJ's report and reasoning.

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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