California WCABPanel decision

ADJ10470278 · March 3, 2025

Petitions for Reconsideration granted; final Decision After Reconsideration deferred.

Issues decided: 3
Medical opinions weighed: 1
Authorities named: 2
District office: Van Nuys

What the panel ordered

Petitions for Reconsideration granted; final Decision After Reconsideration deferred.

Petitions for Reconsideration granted; final Decision After Reconsideration deferred pending further review.

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.

ApportionmentDeferredlumbar spine

The Appeals Board deferred final decision on apportionment to allow further review and consideration of the entire record.

From the decision · page 8Here, and because the WCJ admits error, we will grant reconsideration. However, and to achieve uniformity of decisions, we require additional time to review the specific arguments raised,

Permanent disability ratingApplicant prevailedright upper extremity · right shoulder · right elbow · right wrist

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The facts that decided it

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

The WCJ admitted error in the temporary disability period and recommended correction based on medical evidence from AME Jon Greenfield and PTP Dr. Chon.

Favours Applicant prevailed

This admission led to the Appeals Board granting reconsideration and correcting the temporary disability period.

From the decision · page 5There is no dispute regarding the end date of the temporary disability period. In the agreed medical examiner Jon Greenfield, M.D.'s report dated August 15, 2022, in the discussion section it states "Dr. Chon, in his note of 7/21/2016, indicated that the applicant was totally temporarily disabled." The undersigned WCJ incorrectly believed that was the first time Dr. Chon placed Applicant on temporary disability. However, in the record review section of the report it states "on 2/18/2016, the applicant was placed on temporary disability as of 2/18/2016." Applicant's petition for reconsideration it is correct and should be granted. The undersigned WCJ's award should be modified by the recon unit or returned to the trial court, to correct: the period of temporary disability; period where Labor Code § 4850 benefits should be paid; and the period and rate at which temporary disability should be paid. (Report, p. 2.)

Favours Applicant prevailed

This correction was granted by the Appeals Board, affecting the permanent disability award.

From the decision · page 5Aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability shall not extend for more than 104 compensable weeks within a period of five years from the date of injury. (Cal Lab Code § 4656(c)(2).) The undersigned WCJ erred in finding the last date temporary disability indemnity shall be paid was January 27, 2019. The date of specific injury is September 20, 2013. Five years from the date of injury is September 20, 2018. Pursuant to Labor Code § 4656, the last day of temporary disability indemnity can be paid is September 20, 2018 and permanent disability indemnity should have started on September 21, 2018. The recon unit should modify the award or return the matter to the trial level to modify the award in the specific injury as follows:

The Appeals Board deferred final decision on apportionment to allow further review and consideration of the entire record.

Favours neutral

This deferral affects the final resolution of apportionment issues under Labor Code section 4663.

From the decision · page 8Here, and because the WCJ admits error, we will grant reconsideration. However, and to achieve uniformity of decisions, we require additional time to review the specific arguments raised,

ADJ10470278 · March 3, 2025

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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