Home/Case Law/DARRELL TOLE vs. ZURICH AMERICAN INSURANCE COMPANY, COTTINGHAM AND BUTLER CLAIMS SERVICES, BIAGI BROTHERS INCORPORATED
Regular DecisionRegular Panel Decision

DARRELL TOLE vs. ZURICH AMERICAN INSURANCE COMPANY, COTTINGHAM AND BUTLER CLAIMS SERVICES, BIAGI BROTHERS INCORPORATED

Filed: Sep 29, 2025
Santa Rosa
ADJ16120106

CompFox AI Summary

Defendant filed a Petition for Reconsideration of the Findings, Award and Orders (FA&O) issued July 2, 2025, which found a closed period of temporary disability for applicant Darrell Tole, a truck driver who sustained injury to bilateral knees on February 18, 2022. The defendant argued that the finding of temporary disability required contemporaneous medical reporting. The Workers' Compensation Appeals Board (WCAB) denied the petition, agreeing with the WCJ's report that PQME chiropractor Michaels' medical opinion, supported by medical and testimonial evidence, constituted substantial evidence for the temporary disability period. The WCAB also noted the WCJ's credibility determination was given great weight.

Full Decision Text1 Pages

Defendant filed a Petition for Reconsideration of the Findings, Award and Orders (FA&O) issued July 2, 2025, which found a closed period of temporary disability for applicant Darrell Tole, a truck driver who sustained injury to bilateral knees on February 18, 2022. The defendant argued that the finding of temporary disability required contemporaneous medical reporting. The Workers' Compensation Appeals Board (WCAB) denied the petition, agreeing with the WCJ's report that PQME chiropractor Michaels' medical opinion, supported by medical and testimonial evidence, constituted substantial evidence for the temporary disability period. The WCAB also noted the WCJ's credibility determination was given great weight.

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