Angelica Sanchez vs. Torres Farm Labor Seabright Insurance Company

is a case in which Angelica Sanchez, an employee of Torres Farm Labor, sought workers' compensation for an industrial injury to her cervical spine, psyche, lumbar spine, knees, and hands. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, amending the Findings, Award and Order to limit the period of temporary disability to the period found by the Qualified Medical Evaluator in orthopedics. The Board also found that the injury caused 11% permanent disability, without apportionment, entitling the applicant to a permanent disability award equivalent to 34.25 weeks of indemnity.

TORRES FARM LABOR SEABRIGHT INSURANCE COMPANY ANGELICA SANCHEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANGELICA SANCHEZ, Applicant,vs.TORRES FARM LABOR; SEABRIGHT    INSURANCE COMPANY, Defendants.Case No. ADJ7099916(Los Angeles District Office)OPINION AND ORDER    GRANTING PETITION FOR    RECONSIDERATIONAND DECISION AFTER    RECONSIDERATION            Defendant, Seabright Insurance Company, on behalf of its insured, Torres Farm Labor Contractor, seeks reconsideration of the Findings, Award and Order, issued April 2, 2014, in which a workers’ compensation administrative law judge (WCJ) found that applicant Angelica Sanchez, while employed as a sanitation inspector on November 2, 2009, sustained an industrial injury to her cervical spine and psyche in addition to the admitted body parts of lumbar spine, knees and hands, resulting in 11% permanent disability, without apportionment, and temporary disability from June 24, 2010 through March 25, 2011, at the rate of $281.64 per week.            Defendant contends the WCJ erred in finding applicant entitled to temporary disability indemnity due to her injury to her psyche, contending the opinion of the psychologist upon whom the WCJ relied is not substantial medical evidence since he did not review the medical reports of the Qualified Medical Evaluator in orthopedics, where the injury to the psyche was caused by the underlying orthopedic injury. Defendant further contends that any award of disability should take the Employment Development Department (EDD) benefits she received into account.            As of the date of this opinion, applicant has not filed an answer to defendant’s petition. The WCJ has prepared a Report and Recommendation on Petition for Reconsideration.            In his Report, the WCJ concedes that the finding that applicant was temporarily disabled from June 24, 2010 through March 25, 2011, was not based upon substantial evidence. The WCJ agrees with , defendant that the opinion of Dr.

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