Aaron Branscomb vs. County Of Mendocino, Permissibly Self-insured, Administered By York Insurance Services

In this case, Aaron Branscomb, an employee of the County of Mendocino, filed a workers' compensation claim after he twisted his left knee while working for the County in 2008. The City of Willits, where Branscomb had previously worked, provided medical treatment for his left knee after the 2008 incident based upon a stipulated award of 10% permanent disability and future medical treatment that was approved by the workers' compensation administrative law judge and entered in a prior case involving a left knee industrial injury incurred by applicant while working for the City in 2002. The City sought an opinion from the prior Panel Qualified Medical Examiner (PQME) regarding its obligation to provide medical treatment for applicant's left knee after the 2008 incident.

County Of Mendocino, permissibly self-insured, administered by York Insurance Services Aaron Branscomb WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAAARON BRANSCOMB, Applicant,vs.COUNTY OF MENDOCINO, permissibly self insured, administered by YORK INSURANCE SERVICES, Defendant,CITY OF WILLITS, permissibly self-insured, administered by REDWOOD EMPIRE MUNICIPAL INSURANCE FUND (REMIF), Lien claimant.Case No. ADJ6600007OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant County of Mendocino (County) seeks reconsideration of the July 21, 2011 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred industrial injury to his left knee while employed by the County as a deputy sheriff on July 17, 2008, causing a need for medical treatment. In reaching his decision the WCJ relied in part upon the reporting of Kevin Hanley, M.D., the Panel Qualified Medical Examiner (PQME) in an earlier case involving a left knee industrial injury incurred by applicant while working for the City of Willits (City) in 2002 (Case No. ADJ3640517). The City is a lien claimant in this case.1            The County contends that the WCJ should not have received the reports of Dr. Hanley into evidence, should not have relied upon the reporting of applicant’s primary treating physician Stephen 1            The County’s petition for reconsideration and applicant’s response both erroneously refer to applicant’s prior employment as being with the City of Ukiah. , Gunther, M.D., and should have found that applicant’s left knee symptoms and disability are the result of his earlier 2002 injury that was addressed in ADJ3640517.            Responses to the County’s petition were received from applicant and from the City. The WCJ provided a Report and Recommendation on Petition for Removal (Report) recommending that the County’s petition be denied.            We have carefully reviewed the record and considered the allegations

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