Alexander Golis vs. Pactiv Corp.; Ace American Insurance Company On Behalf Of Sedgwick Claims Management services

In this case, Alexander Golis filed a petition for reconsideration against Pactiv Corp. and Ace American Insurance Company on behalf of Sedgwick Claims Management Services. The Workers' Compensation Appeals Board denied the petition for reconsideration, finding that the apportionment conclusions of the doctors were not substantial evidence and that the defendants did not meet their burden of proving apportionment.

Pactiv Corp.; Ace American Insurance Company On Behalf of Sedgwick Claims Management Services Alexander Golis WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALEXANDER GOLIS, Applicant,vs.PACTIV CORP.; ACE AMERICAN INSURANCE COMPANY ON BEHALF OF SEDGWICK CLAIMS MANAGEMENT SERVICES. Defendants.Case No. ADJ9418197OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate, we will deny reconsideration.            It is noted that Dr. Alex Kettner found applicant’s post-traumatic stress disorder (PTSD) is causing a severe level of impairment in applicant’s overall functioning and provided no discussion for the basis of his apportionment opinion. We agree with the WCJ that the apportionment conclusions of Dr. Kettner and Dr. Scott Anderson are not substantial evidence and therefore, defendant did not meet its burden of proving apportionment. (See E.L. Yeager Construction v. Workers’ Comp. Appeals Bd (Gatten) (2006) 145 Cal.App.4th 922 [71 Cal.Comp.Cases 1687]; Escobedo v. Marshalls (2005) 70 Cal.Comp.Cascs 604 (Appeals Board en banc); Gay v. Workers’ Comp Appeals Bd (1979) 96 Cal.App.3d 555 [44 Cal.Comp.Cases 817].) , For the foregoing reasons,IT Is ORDERED that the petition for Reconsideration is DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________KATHERINE ZALEWSKII CONCUR,_______________________________________________KATHERINE WILLIAMS DODD_______________________________________________MARGUERITE SWEENEYDATED AND FILED AT SAN FRANCISCO, CALIFORNIAJAN 22,2020SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.GLEASON CAMACHOHINSHAW CULBERTSONALEXANDER

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