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Dolores Rivera — ADJ17200471

DOLORES RIVERA, Applicant vs. PACKERS SANITATION SERVICES, INC.; ACE AMERICAN INSURANCE COMPANY, Defendant

ADJ number
ADJ17200471
Decision date
Nov 12, 2023
District office
Van Nuys
WCJ
—
Claim administrator
ACE American Insurance Company
Commissioners
—

Injury / body parts: upper extremities, wrists, fingers, psyche, dental, headaches

LC §4650LC §4651LC §4652LC §4653LC §4654LC §4655LC §4656LC §4657

Summary

Applicant Dolores Rivera, a food safety sanitor, sustained admitted cumulative injury to her upper extremities and wrists ending November 5, 2022. After she stopped working when the employer ceased operations at her location, defendant offered her alternative modified work through the Transition2Work program at a nonprofit (Carson Christian Outreach) on a daytime schedule (8:30 am-5 pm), which conflicted with her customary night shift (7 pm-4:30 am). Applicant refused, citing lack of affordable daytime childcare for her two children. The WCJ awarded temporary disability, but defendant sought reconsideration arguing applicant unreasonably refused suitable modified work. The Board granted reconsideration, rescinded the award, and remanded for a more complete evidentiary record on the reasonableness of applicant's refusal.

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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