What the panel ordered
The Workers' Compensation Appeals Board affirmed the May 13, 2021 Findings and Award, denying the defendant's Petition for Reconsideration.
Defendant Imperium Insurance Company sought reconsideration of the May 13, 2021 Findings and Award, which the WCJ had issued, and the WCAB panel issued an Opinion and Decision After Reconsideration affirming the WCJ's 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 prevailedright knee
The employer failed to prove it made a good faith offer of modified work within applicant's restrictions, so the applicant was entitled to temporary total disability benefits from January 11, 2019 to present.
From the decision · page 5Here, it appears that following applicant's injury and initial treatment at Concentra, applicant was provided with work restrictions, including push/pull limitations, weight-bearing and squatting/kneeling restrictions. (Ex. 19, Concentra encounter note, dated January 11, 2019.) Applicant testified to providing copies of the work restrictions to the employer (January 13, 2021 MINUTES, at 6:1), and the reporting from Concentra was among the documents contained in applicant's subpoenaed personnel file. (Ex. 21, Subpoenaed records of Mann vs Pest, p.MVP000059.) The record reflects no bona fide offer of modified duties conforming to applicant's work restrictions made by the defendant directly following applicant's injury. Applicant continued to seek medical treatment for his injuries, initially with the Concentra Clinic, and later with Glen Nusbaum, D.C. The record reflects no good faith offer of modified duties through at least May, 2019.