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Jamie Bodine — ADJ11008178

JAMIE BODINE, Applicant vs. EMPLOYER SOLUTIONS STAFFING GROUP II; OLD REPUBLIC INSURANCE COMPANY, adjusted by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number: ADJ11008178
Decision date: Jul 15, 2021
District office: Oakland
WCJ: —
Claim administrator: Gallagher Bassett Services, Inc. (adjusting for Old Republic Insurance Company)
Commissioners: DEIDRA E. LOWE, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: left eye, psyche, face, nose

LC §5909LC §4650LC §4651LC §4652LC §4653LC §4654LC §4655LC §4656LC §4657LC §5705

Summary

Applicant Jamie Bodine, a merchandiser, sustained an accepted left eye injury (and claimed psyche, face, and nose injuries) on June 30, 2017. After being terminated by text message on October 23, 2017 with no reason given other than no work available, the WCJ awarded continuing temporary disability benefits plus a 15% attorney's fee from retroactive TD. Defendant sought reconsideration, arguing applicant could have continued working but for her termination and that her relocation ~150 miles away to Chowchilla relieved it of liability. The Board denied reconsideration, finding defendant failed to meet its burden of proving termination for good cause and failed to show modified work was offered consistent with the QME's restrictions. The Board also addressed a Labor Code section 5909 timeliness issue, holding under Shipley that its time to act was tolled due to a procedural error.

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.