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Darrell Peebles — ADJ9902354

DARRELL PEEBLES, Applicant vs. STANLEY AUTOMOTIVE ENTERPRISES, INC., and GAINES B. STANLEY, JR. and VICKIE STANLEY, each individually and as a substantial shareholder of STANLEY AUTOMOTIVE ENTERPRISES, INC., a TEXAS CORPORATION; DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR OF THE UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants

ADJ number: ADJ9902354
Decision date: Mar 8, 2021
District office: Sacramento
WCJ: —
Claim administrator: Director of Industrial Relations as Administrator of the Uninsured Employers Benefits Trust Fund (UEBTF)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER

Injury / body parts: low back

LC §4661.5LC §5900LC §3202.5LC §4660LC §4663LC §4664LC §4658LC §4903

Summary

Applicant Darrell Peebles sustained an industrial low back injury on November 5, 2014, while employed by an uninsured Texas employer, with UEBTF joined as a defendant. The WCJ awarded temporary disability for several discrete periods at $1,264.58 per week, less credit for Texas unemployment benefits, but made no finding on the disputed full period or on credit. Both applicant and defendant petitioned for reconsideration. The Appeals Board majority found the medical record—particularly the PQME Dr. Amster's report—failed to meaningfully address temporary disability and that the credit issue was not properly framed at trial. The Board rescinded the Findings and Award and remanded for further development of the record, with Commissioner Sweeney dissenting in favor of affirming the WCJ.

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.