What the panel ordered
Petition for Reconsideration granted; final decision deferred pending further review of merits and entire record.
Applicant sought reconsideration of the WCJ's Findings and Order granting defendant's Petition for Credit; the WCAB granted reconsideration and deferred final decision 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.
ApportionmentDeferredright elbow · right arm · right shoulder · right upper extremity
The WCJ found employer's concurrent negligence was not greater than de minimis, thus defendant entitled to credit. The WCAB granted reconsideration for further review but did not overturn this finding yet.
From the decision · page 6The WCJ notes that it would not have been possible for LAUSD to alleviate the danger if the manner in which that occurs is actual repairs to the property because that is the responsibility of the City of Los Alamitos. While LAUSD did report the damaged area to the City of Los Alamitos well in advance of the date of injury, they did not provide a warning to their employees. However, following review of the evidence, including the condition of the property on the date of injury, as well as testimony, any concurrent negligence on the part of LAUSD is not to a degree greater than a de minimis amount.