California Highway Patrol; Gallagher Bassett, Adam Hrehor, WORKERS’ COMPENSATION APPEALS BOARDSTATE’ OF CALIFORNIAADAM HREHOR,Applicant,vs.CALIFORNIA HIGHWAY PATROL; GALLAGHER BASSETT,Defendants.Case No. ADJ10524342(San Luis Obispo District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the February 24, 2017 Findings of Fact wherein the workers’ compensation administrative law judge (WCJ) found that there was no valid basis for apportionment. At trial, the parties stipulated that applicant sustained an industrial injury in the form of hypertension while employed as a CHP Officer from January 13, 2015 through January 13, 2016. The parties also stipulated that applicant is in need of future medical treatment and that applicant sustained 12% permanent disability before apportionment. Defendant contends that the WCJ erred by issuing a finding of no apportionment, arguing that the record should be further developed on the issue of apportionment. Defendant also contends that the WCJ erred in setting the matter for trial, arguing that the correct procedure when the parties submit a proposed settlement that the WCJ does not approve is found in the Policy and Procedural Manual. 1 We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an answer from applicant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed below, we will grant reconsideration, rescind the WCJ’s decision and return the matter to the trial level for a new decision. 1 The Division of Workers’ Compensation (DWC)- Workers’ Compensation Appeals Board Policy and Procedural Manual (2013 Revision) can be found at www.dir.ca.gov/wcab/wcab policy proceduralmanual/wcabpolicy proceduremanua!.html. , We note t
Adam Hrehor, vs. California Highway Patrol; Gallagher Bassett,
In this case, the California Highway Patrol and Gallagher Bassett sought reconsideration of a February 24, 2017 Findings of Fact wherein the workers' compensation administrative law judge (WCJ) found that there was no valid basis for apportionment. The Workers' Compensation Appeals Board granted the petition for reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level for a new decision. The Board noted that when a WCJ has questions about adequacy or needs further information, the proper procedure is to suspend action and proceed as directed by the Policy and Procedural Manual. The Board also noted that the WCJ did not incorporate the parties' stipulations into the "Findings of Fact" and there is no
- Filed On:
- Court: California, San Luis Obispo
- Case No. ADJ10524342
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