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PanelRemanded

Gregory Nickelson — ADJ11357051

GREGORY NICKELSON, Applicant vs. SAN FRANCISCO MARRIOTT, administered by MARRIOTT CLAIMS SERVICES, Defendants

ADJ number: ADJ11357051
Decision date: Jun 7, 2021
District office: Oakland
WCJ: —
Claim administrator: Marriott Claims Services (San Francisco Marriott, permissibly self-insured)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: brain (acute right non-hemorrhagic right posterior thalamic infarct/stroke)

Summary

Applicant Gregory Nickelson, a front office manager for the San Francisco Marriott, was found by the WCJ in a February 27, 2019 decision to have sustained an industrial injury on April 3, 2018, consisting of an acute right non-hemorrhagic posterior thalamic infarct (stroke). The self-insured defendant petitioned for reconsideration challenging the finding that the injury arose out of and in the course of employment (AOE/COE). After the WCAB granted reconsideration to study the issues, the parties settled the matter by Compromise and Release, which was filed on May 28, 2021. The Board rescinded the WCJ's decision and remanded the matter to the WCJ to consider the Compromise and Release, expressly declining to rule on the merits of the petition. The Board noted the WCJ could reinstate her original decision if she did not approve 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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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.