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ADJ12893727 — California WCAB decision · SimilarCase

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California WCABPanel decision

ADJ12893727 · August 24, 2021

Petition for Reconsideration denied.

Issues decided: 1
Medical opinions weighed: 2
Authorities named: 3
District office: Santa Ana

What the panel ordered

Petition for Reconsideration denied.

Petition for Reconsideration denied by the Workers' Compensation Appeals Board panel after review of the WCJ report and record.

Read the official decision →

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.

Temporary disabilityApplicant prevailedleft shoulder

The WCJ's finding that the applicant was entitled to temporary total disability benefits from May 22, 2020, to the present and continuing is supported by credible testimony, medical evidence, and legal precedent, including the failure of the defendant to offer modified work when the applicant was released to modified duty.

From the decision · page 34. Petitioner contends that the WCJ erred in: a) Finding that the applicant was entitled to temporary total disability benefits for the period of May 22, 2020, through the present: and b) Finding that the applicant was entitled to continuing temporary total disability benefits.

The facts that decided it

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

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Applicant stopped working at Wood Ranch due to unbearable shoulder pain from hours worked, not voluntary resignation.

Favours Applicant prevailed

Supports finding that applicant did not refuse modified work and is entitled to temporary total disability benefits.

From the decision · page 3After her injury, the applicant continued to work for the defendant with modified duties. The applicant continued to work for the defendant until December 30, 2019.2 The applicant stopped working at Wood Ranch because her shoulder pain became unbearable due to the number of hours she was working.3

Applicant underwent left shoulder arthroscopy surgery on May 22, 2020, and was declared temporarily totally disabled by Dr. James Fait.

Favours Applicant prevailed

Medical evidence supporting entitlement to temporary total disability benefits from surgery date onward.

From the decision · page 4The applicant underwent arthroscopy surgery on her left shoulder on May 22, 2020, and was stated to be temporarily totally disabled by her surgeon and primary treating physician, Dr. James Fait.5

Defendant failed to offer modified work when applicant was released to modified duty on July 10, 2020.

Favours Applicant prevailed

Employer's failure to offer modified work obligates payment of temporary total disability benefits.

From the decision · page 5As the applicant had not removed herself from the labor market, the defendant was obligated to offer modified work to the applicant when she was released to modified duties on July 10, 2020. Having failed to do so defendant is liable for temporary total disability benefits for this period.

No evidence defendant offered work within restrictions or misconduct by applicant.

Favours Applicant prevailed

Supports continuing entitlement to temporary total disability benefits.

From the decision · page 6No evidence was submitted that showed misconduct on the part of the applicant, and no evidence was presented that showed that the defendant offered work within the applicant's work restrictions to the applicant.