Super Heat; United States Fire Insurance (One Of The Crum And Forster Group Of Companies), Alexander Kamakeeaina, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALEXANDER KAMAKEEAINA,Applicant,vs.SUPER HEAT; UNITED STATES FIRE INSURANCE (ONE OF THE CRUM AND FORSTER GROUP OF COMPANIES),Defendants.Case No. · ADJ6620476(Oakland District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the August 17, 2017 Findings and Award, Order issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that applicant sustained industrial injury to his spine, urinary tract, and bowel and injury in the form of sexual dysfunction and sleep disorder while employed as a heating technician on November 23, 2006. The WCJ further found that applicant met his burden to show that he is conclusively presumed to be permanently and totally disabled pursuant to Labor Code! section 4662(a)(3) and entitled to an unapportioned award; that the injury caused permanent total! disability according to the fact pursuant to section 4662(b); that the injury caused 100% permanent disability on a medical basis; and that defendant failed to meet its burden of proof on apportionment. The WCJ also found that defendant failed to conduct an evaluation of applicant’s need for in home health services as recommended by agreed medical examiner (AME) Joseph Izzo, M.D., in his reports dated February 15, 2010 and January 22, 2013 once the issue of injury arising out of and occurring in the course of employment (AOE/COE) had been determined; that defendant is liable for reimbursement to applicant for in home health services of 16 hours per day at the rate of $21.00 per hour from 14 days before the receipt of the October 27, 2014 report of Alan Kimelman, M.D., and applicant; and that applicant is entitled to reimbursement of 1 All further statutory references are to the Labor Code, unless ot
Alexander Kamakeeaina, vs. Super Heat; United States Fire Insurance (One Of The Crum And Forster Group Of Companies),
.docxIn this case, Alexander Kamakeeaina, a heating technician, sustained an industrial injury to his spine, urinary tract, and bowel, as well as sexual dysfunction and sleep disorder, while employed by Super Heat. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the August 17, 2017 Findings and Award, Order. The Board found that the injury caused permanent and total disability according to the fact per Labor Code section 4662 (b) and caused permanent disability of 100% on a medical basis. The Board also found that the defendant failed to meet their burden of proof on apportionment and that the defendant received a prescription for in home health services no later than 14 days before receipt of the
- Filed On:
- Court: California, Oakland
- Case No. ADJ6620476
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