WCPanelIQ
PanelGranted

Wendy Starbird — ADJ16023818, ADJ19216226, ADJ21168644

WENDY STARBIRD, Applicant vs. CITY OF LONG BEACH, permissibly self-insured; CITY OF LONG BEACH WORKERS COMPENSATION DIVISION, Defendants

ADJ number
ADJ16023818, ADJ19216226, ADJ21168644
Decision date
May 7, 2026
District office
Van Nuys
WCJ
—
Claim administrator
City of Long Beach Workers Compensation Division (permissibly self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: breast (breast cancer)

LC §5909LC §5900LC §5803LC §5804LC §5702LC §3201.5LC §4850LC §4850.3LC §4650LC §3751LC §3752CCR §10700

Summary

Wendy Starbird, a Long Beach police detective, sustained an admitted industrial breast cancer injury. The parties entered Stipulations with an Award on March 27, 2025, which the WCJ later refused to set aside, finding the petition untimely and the agreement understood by applicant. Applicant sought reconsideration arguing the stipulation as to temporary disability was based on an error of law and that defendant only partially restored her sick time for the period December 29, 2021 through June 3, 2022. The Board granted reconsideration, finding the petition timely under sections 5803 and 5804, and that the Stipulations were silent (not ambiguous) as to temporary disability for the disputed period, with the only consideration (20.50 hours) covering dates after MMI. The Board rescinded the decision and returned the matter to the WCJ to determine periods of disability, amounts paid, rates, and the proper application of section 4850 sick-time restoration.

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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