Home/Case Law/THOMAS SZCESZINSKI vs. BUTLER CHEMICALS, SEDGWICK CMS - STATE FARM (3241)
Regular DecisionReconsideration

THOMAS SZCESZINSKI vs. BUTLER CHEMICALS, SEDGWICK CMS - STATE FARM (3241)

Filed: Dec 11, 2020
Anaheim
ADJ11825976

CompFox AI Summary

This case concerns an injured worker, Thomas Szceszinski, and his employer, Butler Chemicals. The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The employer's duty to provide a claim form arose when the employer received written notice of the injury through the employee's resignation letter and subsequent verbal report, which the employer failed to comply with. The Board upheld the award of temporary disability indemnity, reasoning that the employer's failure to offer modified work meant the employee's resignation, due to work-related pain, did not negate his entitlement to benefits.

Full Decision Text1 Pages

This case concerns an injured worker, Thomas Szceszinski, and his employer, Butler Chemicals. The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The employer's duty to provide a claim form arose when the employer received written notice of the injury through the employee's resignation letter and subsequent verbal report, which the employer failed to comply with. The Board upheld the award of temporary disability indemnity, reasoning that the employer's failure to offer modified work meant the employee's resignation, due to work-related pain, did not negate his entitlement to benefits.

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THOMAS SZCESZINSKI vs. BUTLER CHEMICALS, SEDGWICK CMS - STATE FARM (3241) (2020) – Anaheim | CompFox