ADJ7786647 — California WCAB decision

What the panel ordered

Findings and Award of November 13, 2020, rescinded; matter remanded to WCJ to consider settlement and conduct further proceedings as appropriate.

Petition for reconsideration of Findings and Award filed by applicant; reconsideration granted; matter remanded to WCJ to consider Compromise and Release settlement.

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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 total disabilityRemandedleft shoulder · left arm · left wrist · lumbar spine · psyche

Applicant contended injury caused permanent total disability, but WCJ found only permanent partial disability; reconsideration denied and matter remanded for settlement consideration.

From the decision · page 1applicant, petitions for reconsideration of the Findings and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on November 13, 2020. In that decision, the WCJ found that applicant, while employed on January 17, 2011, as a truck driver by defendant, Covenant Transport, sustained injury arising out of and in the course of employment to the left shoulder, left arm, left wrist, lumbar spine, and psyche and consisting of drop foot, internal-digestive disorder and sexual dysfunction while employed on January 17, 2011, as a truck driver by defendant, Covenant Transport, then insured for workers' compensation liability by defendant, New Hampshire Insurance Company. The WCJ also found that applicant's injury caused need of further medical treatment and permanent partial disability of 90%

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

Applicant sustained injury on January 17, 2011, to multiple body parts including left shoulder, left arm, left wrist, lumbar spine, and psyche.

Favours Applicant prevailed

This injury date and body parts are central to the permanent disability determination and reconsideration petition.

From the decision · page 1applicant, petitions for reconsideration of the Findings and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on November 13, 2020. In that decision, the WCJ found that applicant, while employed on January 17, 2011, as a truck driver by defendant, Covenant Transport, sustained injury arising out of and in the course of employment to the left shoulder, left arm, left wrist, lumbar spine, and psyche and consisting of drop foot, internal-digestive disorder and sexual dysfunction while employed on January 17, 2011, as a truck driver by defendant, Covenant Transport, then insured for workers' compensation liability by defendant, New Hampshire Insurance Company. The WCJ also found that applicant's injury caused need of further medical treatment and permanent partial disability of 90%

WCJ found permanent partial disability of 90% and need for further medical treatment.

Favours Defendant prevailed

This finding was challenged by applicant's petition for reconsideration claiming permanent total disability.

From the decision · page 1applicant, petitions for reconsideration of the Findings and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on November 13, 2020. In that decision, the WCJ found that applicant, while employed on January 17, 2011, as a truck driver by defendant, Covenant Transport, sustained injury arising out of and in the course of employment to the left shoulder, left arm, left wrist, lumbar spine, and psyche and consisting of drop foot, internal-digestive disorder and sexual dysfunction while employed on January 17, 2011, as a truck driver by defendant, Covenant Transport, then insured for workers' compensation liability by defendant, New Hampshire Insurance Company. The WCJ also found that applicant's injury caused need of further medical treatment and permanent partial disability of 90%

Parties filed a Compromise and Release settlement on November 2, 2021, leading to remand for settlement consideration.

Favours neutral

Settlement filing changed the procedural posture and outcome direction to remand for further proceedings.

From the decision · page 1We granted reconsideration to further study the factual and legal issues presented. Subsequently, the parties participated in a commissioners' settlement conference at our request. On November 2, 2021, the parties filed an executed Compromise and Release.

ADJ7786647 · November 8, 2021

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

The rules the panel named

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