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.
The WCJ found permanent partial disability but not permanent total disability; the WCAB approved a compromise and release settlement instead of granting permanent total disability.
From the decision · page 1I. applicant, petitioned for reconsideration of the Findings and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on April 16, 2021. In that decision, the WCJ found that applicant sustained injury to his hands, wrists, psyche, lumbar spine, cervical spine, knees, right shoulder and gastrointestinal system arising out of and in the course of his employment as a painter during a period ending January 25, 2011, by defendant, LA Custom Finish, resulting in temporary disability from February 11, 2011, through February 8, 2013, permanent partial disability of 97% and need of further medical treatment. Applicant contends in his petition for reconsideration that the WCJ erred in not finding that the injury caused permanent total disability. Defendant Imperium, which insured the employer for workers' compensation liability at the time of the injury, filed an answer contending that the petition for reconsideration should be dismissed or denied. The WCJ issued a report in which he recommended that the petition for reconsideration be denied.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant sustained injury to multiple body parts arising out of employment as a painter ending January 25, 2011.
Favours Applicant prevailed
Established compensable injury and basis for benefits and settlement.
From the decision · page 1I. applicant, petitioned for reconsideration of the Findings and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on April 16, 2021. In that decision, the WCJ found that applicant sustained injury to his hands, wrists, psyche, lumbar spine, cervical spine, knees, right shoulder and gastrointestinal system arising out of and in the course of his employment as a painter during a period ending January 25, 2011, by defendant, LA Custom Finish, resulting in temporary disability from February 11, 2011, through February 8, 2013, permanent partial disability of 97% and need of further medical treatment. Applicant contends in his petition for reconsideration that the WCJ erred in not finding that the injury caused permanent total disability. Defendant Imperium, which insured the employer for workers' compensation liability at the time of the injury, filed an answer contending that the petition for reconsideration should be dismissed or denied. The WCJ issued a report in which he recommended that the petition for reconsideration be denied.
Applicant became permanent and stationary on August 15, 2019, per Agreed Medical Examiner Dr. Steven Silbart.
Favours Applicant prevailed
Medical status fixed the date for benefits and settlement calculation.
From the decision · page 34. Pursuant to the parties' stipulation, the applicant became permanent and stationary on August 15, 2019, pursuant to the reporting of the Agreed Medical Examiner Dr. Steven Silbart.
Favours Applicant prevailed
Settlement resolved the dispute instead of permanent total disability finding.
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Reported applicant became permanent and stationary on August 15, 2019.
From the decision · page 34. Pursuant to the parties' stipulation, the applicant became permanent and stationary on August 15, 2019, pursuant to the reporting of the Agreed Medical Examiner Dr. Steven Silbart.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code sections 5001, 5002; Cal. Code Regs., tit. 8, 10700
Labor Code section 5001 and 5002; WCAB Rule 10700 regarding approval of compromise and release agreements
The WCAB reviewed and approved the compromise and release agreement as adequate and in the best interest of the applicant.
From the decision · page 2II. Labor Code section 5001 states in pertinent part that "[n]o release of liability or compromise agreement is valid unless it is approved by appeals board or referee." WCAB Rule 10700 states that:
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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