California WCABPanel decision

ADJ638028 · August 31, 2021

SCIF's Petition for Reconsideration denied; Granite's Petition for Reconsideration granted; June 17, 2021 Findings Award and Order amended to omit Granite's name and otherwise affirmed

Issues decided: 3
Medical opinions weighed: 2
Authorities named: 3
District office: Anaheim

What the panel ordered

SCIF's Petition for Reconsideration denied; Granite's Petition for Reconsideration granted; June 17, 2021 Findings Award and Order amended to omit Granite's name and otherwise affirmed

Petitions for Reconsideration filed by Granite State Insurance and State Compensation Insurance Fund regarding the June 17, 2021 Findings Award and Order; WCJ report adopted and incorporated

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What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Permanent disability ratingApplicant prevailedlumbar spine · right hip · right knee · cardiovascular system

The applicant was found to be 80% permanently disabled at the time of death based on medical evidence and reasonable estimate of permanent disability.

From the decision · page 11The undersigned judge made the determination and found that the applicant was 80% permanently disabled due to the injuries he sustained to his lumbar spine, right hip, right knee, and cardiovascular system in the form of the hypertensive disorder.

AOE/COE

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The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

California Labor Code

California Labor Code Section 3202.5

Applied to determine compensability of single injury versus multiple injury dates

From the decision · page 9The evidence submitted demonstrates that a consequence of the March 11, 2005 injury was instability in the applicant's right knee, which caused the knee to regularly and frequently give out. The evidence submitted supports a finding that it was the regular and frequent giving out of the applicant's knee that caused the applicant to fall on August 28, 2016, when his knee once again gave out.

California Labor Code

California Labor Code Section 4650(b)(1)

Applied to determine permanent disability rating and payment timing

From the decision · page 11California labor code section 4650(b)(1) provides that "[i]f the injury causes permanent disability, the first payment shall be made within 14 days after the date of last payment of temporary disability indemnity, except as provided in paragraph (2). When the last payment of temporary disability indemnity has been made pursuant to subdivision (c) of Section 4656, and regardless of whether the extent of permanent disability can be determined at that date, the employer nevertheless shall commence the timely payment required by this subdivision and shall continue to make these payments until the employer's reasonable estimate of permanent disability indemnity due has been paid, and if the amount of permanent disability indemnity due has been determined, until that amount has been paid."

California Labor Code

California Labor Code Section 4656(c)(1)

Applied to determine temporary disability benefits limits

From the decision · page 12California Labor Code Section 4656 (c) (1) provides "[a]ggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 104 compensable weeks within a period of two years from the date of commencement of temporary disability payment."

ADJ638028 · August 31, 2021

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

What the panel did with the medical opinions

The rules the panel named

What proof carried it

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