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Laurence Wells — ADJ10775002

LAURENCE WELLS, Applicant vs. COUNTY OF LOS ANGELES - HIGH DESERT HOSPITAL; Permissibly Self-Insured, adjusted by SEDGWICK CMS, Defendants

ADJ number
ADJ10775002
Decision date
Feb 15, 2021
District office
Los Angeles
WCJ
Roger A. Tolman, Jr.
Claim administrator
Sedgwick CMS
Commissioners
—

Injury / body parts: lungs, respiratory system (bronchitis)

LC §5701CCR §10961

Summary

Applicant Laurence Wells sustained an admitted industrial injury from continuous trauma (mold, rat and bird feces exposure) during employment with the County of Los Angeles - High Desert Hospital from March 1996 to February 2017, resulting in recurrent bronchitis though zero permanent disability per QME Dr. Meth. The WCJ initially awarded temporary disability based on Dr. Meth's estimate of 'about two months' of TTD, translated by applicant's attorney to April 11, 2005 through June 11, 2005, and used an incorrect benefit rate. Defendant petitioned for reconsideration arguing the wrong benefit rate was used and that insufficient evidence supported the TTD period awarded. The WCAB granted reconsideration, adopting the WCJ's report, deferring the issues of earnings, temporary disability, and attorney fees, while affirming the award of future medical treatment. The matter was remanded to correct the benefit rate to $1,096.54 and to develop the record on the precise periods of TTD.

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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