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PanelLienGranted

Gerald Phipps — ADJ9323388, ADJ9392268

GERALD PHIPPS, Applicant vs. PEPSICO/FRITO-LAY, INC.; ACE AMERICAN INSURANCE COMPANY, Administered by SEDGWICK CMS, Defendants

ADJ number: ADJ9323388, ADJ9392268
Decision date: Jun 3, 2021
District office: Santa Rosa
WCJ: —
Claim administrator: Sedgwick CMS (administering for ACE American Insurance Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER

LC §5001LC §5002CCR §10700

Summary

Applicant Gerald Phipps suffered an industrial injury on September 21, 2013 while employed by Pepsico/Frito-Lay, Inc. The WCJ's May 6, 2020 Findings and Award found 98% permanent partial disability and need for further medical treatment. Both parties petitioned for reconsideration—applicant arguing for permanent total disability, and defendant arguing PD should not exceed 48%. While reconsideration was pending, the parties participated in a commissioners' settlement conference and resolved both cases (ADJ9323388 and ADJ9392268) via Compromise and Release for $225,432.93. The Board rescinded the Findings and Award, found the settlement adequate and in applicant's best interest, and approved the C&R.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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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.