Home/Case Law/MANUEL OSUNA vs. AMERIPRIDE SERVICES INC., CNA INSURANCE, ESIS
Regular DecisionReconsideration

MANUEL OSUNA vs. AMERIPRIDE SERVICES INC., CNA INSURANCE, ESIS

Filed: Apr 26, 2016
Pomona
ADJ8708677

CompFox AI Summary

This case concerns Manuel Osuna's workers' compensation claim against Ameripride Services Inc. for a back injury sustained while pushing a heavy cart. The defendant petitioned for reconsideration, arguing the Administrative Law Judge (ALJ) erred by relying on a preliminary medical report and admitting the treating physician's report. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the ALJ's reasoning. The WCAB also dismissed the petition for removal as reconsideration is the proper remedy for challenging a final order. The ALJ's report detailed why the evidence supported a finding of industrial injury, distinguishing the applicant's specific incident from prior cases cited by the defendant.

Full Decision Text1 Pages

This case concerns Manuel Osuna's workers' compensation claim against Ameripride Services Inc. for a back injury sustained while pushing a heavy cart. The defendant petitioned for reconsideration, arguing the Administrative Law Judge (ALJ) erred by relying on a preliminary medical report and admitting the treating physician's report. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the ALJ's reasoning. The WCAB also dismissed the petition for removal as reconsideration is the proper remedy for challenging a final order. The ALJ's report detailed why the evidence supported a finding of industrial injury, distinguishing the applicant's specific incident from prior cases cited by the defendant.

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MANUEL OSUNA vs. AMERIPRIDE SERVICES INC., CNA INSURANCE, ESIS (2016) – Pomona | CompFox