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PanelQMEGranted in Part

Raul Uc — ADJ10692197

RAUL UC, Applicant vs. GCU TRUCKING and ZURICH NORTH AMERICA, administered by GALLAGHER BASSETT SERVICES, Defendants

ADJ number: ADJ10692197
Decision date: Feb 15, 2021
District office: Stockton
WCJ: —
Claim administrator: Gallagher Bassett Services (administering for Zurich North America)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: neck, bilateral shoulders, mid-back, headaches

LC §5952

Summary

Truck driver Raul Uc claimed injury to his neck, bilateral shoulders, and mid-back, plus headaches, from an August 15, 2016 motor vehicle accident. The WCJ awarded temporary total disability from August 15, 2016 through February 13, 2018, found 28% permanent disability, and found no attorney fees had been paid. Defendant sought reconsideration, arguing the record lacked substantial evidence for the TD award and that attorney fees should be awarded. The Board granted reconsideration, affirmed the P&S date of February 13, 2018, but deferred the temporary disability issue because the QME and PTP reports were not substantial evidence on TD and no evidence addressed whether applicant could return to modified work. The Board awarded $5,165.00 in attorney fees based on the PD award while deferring additional fees tied to any TD award, and returned the matter to the WCJ for development of the record.

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.