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Benjamin Sta Isabel — ADJ9079416, ADJ10334659

BENJAMIN STA ISABEL, Applicant vs. FORTUNE MANAGEMENT CORPORATION; SPRINGFIELD INSURANCE COMPANY, administered by AMTRUST NORTH AMERICA, Defendants

ADJ number: ADJ9079416, ADJ10334659
Decision date: May 17, 2021
District office: Anaheim
WCJ: Nancy M. Gordon
Claim administrator: AmTrust North America (administering Springfield Insurance Company)
Commissioners: —

Injury / body parts: right ankle, left elbow

LC §4067LC §5313LC §5903LC §5952CCR §10955CCR §10843

Summary

Applicant Benjamin Sta Isabel sustained industrial injuries to his right ankle (6/24/2013) and left elbow (8/18/2015), each previously settled by stipulated awards based on the opinion of Agreed Medical Examiner Dr. Ray L. Craemer. Applicant filed petitions to reopen for new and further disability on both cases. The WCJ found the record needed development and ordered re-evaluation by the AME under Labor Code section 4067, placing the cases off calendar, while also denying defendant's petition for sanctions and penalties. Defendant petitioned for reconsideration/removal arguing no evidence of new or further disability existed. The Board granted reconsideration, rescinded the March 15, 2021 Joint Findings and Order, and substituted a new Findings and Order affirming the off-calendar order for development of the record while deferring the penalties and sanctions issue to be addressed when the WCJ adjudicates the petition to reopen.

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.