DANIEL STRAMBI, Applicant vs. CITY OF FOSTER CITY, permissibly self insured, adjusted by THE CITIES GROUP, Defendants
ADJ number
ADJ12075922
Decision date
Sep 7, 2023
District office
San Francisco
WCJ
Eugene Gogerman
Claim administrator
The Cities Group (administering for City of Foster City, permissibly self-insured)
Commissioners
—
Injury / body parts: lower back, left knee, left hip
LC §4850LC §5813LC §5814CCR §10421
Summary
Daniel Strambi, a firefighter for the City of Foster City, injured his lower back, left knee, and left hip during a period ending April 21, 2018, and his claim was found compensable in December 2020. After trial, the WCJ found applicant temporarily totally disabled (TTD) starting March 11, 2019, but had to order development of the record on average weekly wage before issuing an award. The parties later stipulated to the maximum TTD rate and a defined disability period, and the WCJ issued an award of $54,357.18 in TTD indemnity (with $4,105.98 to lien claimant CAPF and $8,153.58 in attorney fees) plus section 4850 pay. The WCAB denied defendant's petition for reconsideration, adopting the WCJ's report, which found the TTD challenge untimely (since the TTD finding was made in the 2022 F&O) and otherwise supported by substantial medical evidence. The Board declined to award sanctions under section 5813 despite finding some defense arguments meritless, and left open the possibility of section 5814 penalties.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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