A & B PAINTING and INSURANCE CO OF THE WEST SAN DIEGO ALFRED HUGHES WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALFRED HUGHES, Applicant,vs.A & B PAINTING and INSURANCE CO OFTHE WEST SAN DIEGO, Defendants.Case Nos. ADJ6722229 (MF)ADJ6762809ADJ2580498 (SJO 0226820)ADJ2458769 (SJO 0259397)OPINION AND ORDERSDISMISSING PETITION FORRECONSIDERATION ANDDENYING PETITION FORRECONSIDERATION Defendant ICW Group (ICW) and lien claimant Seabright as administrator for Enstar (Seabright) both seek reconsideration of the Second Amended Findings and Award and Opinion on Decision (F&A) issued by a workers’ compensation administrative law judge (WCJ) on April 4, 2014. The WCJ found that applicant sustained cumulative injury to his psyche, right shoulder, bilateral hips, cervical spine and lumbar spine while employed during the period from April 22, 1996 to August 4, 2008. (ADJ6722229) (2008 case).1 She fuirther found that applicant alleged cumulative injury from February 1, 2003 to April 4, 2006 (ADJ2458769) (2006 case), but that the case was dismissed without prejudice and never re-filed so that she had no jurisdiction to adjudicate it. Seabright contends that the WCJ should have made a finding of injury in the 2006 case. ICW contends that applicant’s cumulative injury to his bilateral hips occurred as a compensable consequence of a previous injury and not during the period of its insurance coverage. We received Answers from applicant, Seabright, ICW, and defendant Zenith Insurance Company (Zenith). We received a Report and Recommendation (Report) from the WCJ in response to the Petitions 1 The WCJ also found that applicant sustained specific injury to his right knee on December 1, 2007. (ADJ6762809). , for Reconsideration, which recommends that Seabright’s Petition be dismissed and that JCW’s Petition be denied. On May 30, 2014, ICW requested permission to file and filed a response to the Report. We grant ICW’s request and accept
Alfred Hughes vs. A & B Painting And Insurance Co Of The West San Diego
(MF)ADJ6762809ADJ2580498 (SJO 0226820)ADJ2458769 (SJO 0259397)This case involves a workers' compensation claim by Alfred Hughes against A & B Painting and Insurance Co of the West San Diego. The case was heard by a workers' compensation administrative law judge who found that Alfred Hughes sustained cumulative injury to his psyche, right shoulder, bilateral hips, cervical spine and lumbar spine while employed during the period from April 22, 1996 to August 4, 2008. The judge also found that Alfred Hughes alleged cumulative injury from February 1, 2003 to April 4, 2006, but that the case was dismissed without prejudice and never re-filed so that she had
- Filed On:
- Court: California, San Jose
- Case No. ADJ6722229
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