WCPanelIQ
PanelGranted

Lewis, Michael

MICHAEL LEWIS, Applicant vs. CITY OF LOS ANGELES; permissibly self-insured, Defendant

ADJ number
ADJ19483147
Decision date
Jul 1, 2024
District office
Los Angeles
WCJ
—
Claim administrator
City of Los Angeles (permissibly self-insured)
Commissioners
LISA A. SUSSMAN, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: back

LC §4662LC §3201.5LC §3201.7LC §5952CCR §10990CCR §10962

Summary

The City of Los Angeles, permissibly self-insured, sought reconsideration of an arbitrator's Findings and Award holding that applicant Michael G. Lewis sustained a catastrophic injury on March 5, 2019 resulting in permanent total disability under Labor Code sections 4662(a)(2) and (a)(3), and finding injury to his back. The arbitrator (WCA) admitted in his Report and Recommendation that he prepared the Report before actually receiving the Petition for Reconsideration because he was leaving the country for five weeks, instead anticipating defendant's arguments. The Appeals Board granted reconsideration to ensure it had a complete record of proceedings under WCAB Rule 10990 and to protect due process. The Board emphasized that administrative efficiency cannot come at the expense of due process and meaningful review. A final decision on the merits was deferred pending further review.

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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