WCPanelIQ
PanelGranted

Frank Towe — ADJ2515690

FRANK TOWE, Applicant vs. STUDEBAKER SERVICES AUTO BODY; FARMERS INSURANCE GROUP/MID CENTURY INSURANCE; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ2515690
Decision date
Mar 10, 2021
District office
Van Nuys
WCJ
—
Claim administrator
Farmers Insurance Group/Mid-Century Insurance Company; State Compensation Insurance Fund
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck, low back

Summary

Frank Towe, an autobody prep man, sustained two specific industrial injuries to his neck and low back (May 23, 1995 and January 7, 1999). The WCJ found permanent total disability apportioned equally between the two dates of injury, awarded 50% PD for each, awarded temporary total disability from January 11, 1999 through January 15, 2003, and found no cumulative trauma in ADJ518952. Both applicant and defendant Farmers/Mid-Century petitioned for reconsideration—applicant contesting the apportionment and seeking an unapportioned 100% PD award, and defendant contesting the temporary disability award (on jurisdictional grounds) and the finding of permanent total disability. The Board granted reconsideration, rescinded the Findings, Award and Order, and returned the matter to the trial level for a single, complete final determination of all outstanding issues, including admissibility of evidence and the evidentiary basis for apportionment.

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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